Brenon v. Public Health Seattle et al

Filing 41

ORDER denying plaintiff's 33 Motion to Stay; and striking as moot plaintiff's 32 Motion for Leave to modify the discovery deadline. A copy of this Order has been mailed to plaintiff today. Signed by Hon. Mary Alice Theiler.(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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KIRK A. BRENON,
Plaintiff,

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CASE NO. C14-1073-RSM-MAT

v.
NANCY LEDGERWOOD, et al.,

ORDER REGARDING: PENDING
MOTIONS

Defendants.

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Plaintiff Kirk Brenon, proceeding pro se and in forma pauperis in this civil rights action,

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filed a Motion to Modify Discovery and Scheduling Order (Dkt. 32) and Motion to Stay (Dkt.

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33). Defendants object to the requested stay. (Dkt. 38.) Now, having considered the pending

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motions and defendants’ response, the Court finds and concludes as follows:

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(1)

Plaintiff requests modification of the March 6, 2015 discovery deadline

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previously set in this case. (See Dkt. 32.) The Court, however, struck both the discovery and

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dispositive motion deadlines then pending in this case when it granted plaintiff’s motion to file

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an amended complaint. (See Dkt. 29.) As indicated in the Order granting the motion to amend,

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the Court will reset the deadlines following receipt of defendants’ Answer to the Second

ORDER
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Amended Complaint. (Id. at 6.) Because there are no discovery or other deadlines currently

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pending in this case, plaintiff’s Motion to Modify Discovery and Scheduling Order (Dkt. 32) is

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hereby STRICKEN as moot.

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(2)

Plaintiff also requests a 180-day stay of these proceedings pending resolution of

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state court criminal matters, and his transfer and placement in a permanent housing location

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within the Washington State Department of Corrections. (See Dkt. 33 and Dkt. 40.) He points to

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outstanding criminal matters pending in Pierce and King Counties, including a King County

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criminal trial currently scheduled for April 20, 2015 (see Dkt. 39, ¶2), and avers his inability to

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effectively pursue this case while he is transferred to and from different correctional facilities in

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relation to his criminal matters.

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A district court has discretion to stay proceedings in its own court. Landis v. North

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American Co., 299 U.S. 248, 254 (1936). In evaluating a request for a stay, the court considers

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the competing interests at stake, including the possible damage which may result from a stay, the

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hardship or inequity a party may suffer in being required to go forward, and “the orderly course

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of justice measured in terms of simplifying or complicating the issues, proof, and questions of

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law which could be expected to result from a stay.” Lockyer v. Mirant Corp., 398 F.3d 1098,

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1110 (9th Cir. 2005). “The proponent of a stay bears the burden of establishing its need.”

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Clinton v. Jones, 520 U.S. 681, 708 (1997). See also Landis, 299 U.S. at 255 (party seeking “a

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stay must make out a clear case of hardship or inequity in being required to go forward, if there

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is even a fair possibility that the stay for which he prays will work damage to [someone] else.”)

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It should first be noted that plaintiff chose to initiate this lawsuit while in custody

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pending resolution of his criminal charges. Plaintiff, moreover, fails to establish a need for the

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requested stay. There are, as stated above, no pending deadlines in this matter. Should it be

ORDER
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required, plaintiff may seek extensions of time to respond to any future deadlines. Plaintiff can

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further advise the Court of any changes in his location, and counsel for defendants attest to the

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ability to verify plaintiff’s location before sending any future motions or other materials to him.

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(See Dkt. 39.) Under these circumstances, the Court finds no justification for the stay requested

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by plaintiff. Plaintiff’s Motion to Stay (Dkt. 33) is, therefore, DENIED.

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(3)

The Clerk is directed to send copies of this Order to the parties and to the Hon.

Ricardo S. Martinez.
DATED this 1st day of April, 2015.

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A

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Mary Alice Theiler
United States Magistrate Judge

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ORDER
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