Ver Valen v. Donnatacci

Filing 14

ORDER granting 12 MOTION to Stay Discovery. Signed by Magistrate Judge Karen L Strombom. (CMG; cc to Plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JASON JAY VER VALEN,

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Plaintiff,
v.

ORDER GRANTING MOTION TO STAY
DISCOVERY

HELEN DONATACCI,

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No. C11-5058 RBL/KLS

Defendant.
Pending before the Court is Defendant Helen Donatacci’s Motion to Dismiss and Stay

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Discovery. ECF No. 12. In this Order, the Court addresses Defendant’s motion to stay
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discovery. The motion to dismiss is the subject of a separate Report and Recommendation.
BACKGROUND

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In her motion for summary judgment, Defendant argues that Plaintiff’s claims should be

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dismissed because Plaintiff failed to exhaust administrative remedies and has failed to state a

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claim upon which relief can be granted. ECF No. 12. Under separate Report and

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Recommendation, the undersigned recommends that Defendant’s motion to dismiss be granted

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on the grounds that Plaintiff failed to exhaust administrative remedies prior to bringing this suit.
DISCUSSION

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The court has broad discretionary powers to control discovery. Little v. City of Seattle,

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863 F.2d 681, 685 (9th Cir. 1988). Upon showing of good cause, the court may deny or limit

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discovery. Fed. R. Civ. P. 26( c). A court may relieve a party of the burdens of discovery while
ORDER - 1

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a dispositive motion is pending. DiMartini v. Ferrin, 889 F.2d 922 (9th Cir. 1989), amended at

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906 F.2d 465 (9th Cir. 1990) Rae v. Union Bank, 725 F.2d 478 (9th Cir. 1984).

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As noted above, the undersigned is recommending to the District Court that Plaintiffs’
claims be dismissed without prejudice for failure to exhaust administrative remedies. Defendant

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should not face the burden and expense of responding to discovery as to claims that will be
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dismissed if the District Court adopts the Report and Recommendation.

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Accordingly, it is ORDERED:

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(1)

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Defendant’s motion to stay discovery pending resolution of the motion to dismiss

(ECF No. 12) is GRANTED.
(2)

All discovery is STAYED pending further order of this Court.

(3)

The Clerk shall send a copy of this Order to Plaintiff and counsel for Defendants.

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DATED this
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25th day of July, 2011.

A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2