Shumpert v. D. Madrid et al

Filing 48

ORDER granting 45 Motion to Lift Stay of Case; ORDER granting 47 Motion to Lift Stay of Case; Defendants have until February 13, 2020, to renew their motion to dismiss. Signed by Judge Jennifer A. Dorsey on 1/14/2020. (Copies have been distributed pursuant to the NEF - JM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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Drayden D. Shumpert,

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2:15-cv-02273-JAD-EJY

Plaintiff
Order Granting Motions
to Lift Stay

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v.

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D. Madrid, et al.,

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[ECF Nos. 45, 47]

Defendants

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On January 11, 2017, I stayed this excessive-force lawsuit that Drayden Shumpert brings

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against a pair of correctional officers because a criminal case against Shumpert that was based on

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the same altercation as this case remained pending in state court.1 Shumpert pleaded guilty in

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that state-court case and judgment of conviction was entered, so he now moves to lift the stay.2

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The deadline to oppose the lift-stay request has long-since expired, and defendants have filed no

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response. Because the purpose for the stay no longer exists,

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IT IS HEREBY ORDERED that Shumpert’s Motions to Lift Stay [ECF Nos. 45, 47] are

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GRANTED. Defendants have until February 13, 2020, to renew their motion to dismiss,3 which

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was pending (and denied without prejudice) when the stay was entered. Because the discovery

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period has expired (and the scope of discovery was limited to exhaustion issues, see ECF No.

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25), any party wishing to reopen discovery must file a proper motion to do so.
DATED: January 14, 2020

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_______________________________
Jennifer A. Dorsey
United States District Judge

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ECF No. 32 (Stay Order).

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ECF Nos. 45, 47.

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ECF No. 14.

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