Nelson v. Pacholke et al

Filing 53

ORDER granting 41 Motion to Stay; all discovery shall be STAYED pending further order of this Court. 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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EDWARD JOSEPH NELSON,
Plaintiff,
v.

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DAN PACHOLKE, PAT GLEBE, RON
FRAKER, WILLIAM ROLLINS, S.
OBENLAND, KATHY RENINGER,
PRICE M. CHENAULT, J. DAVID
KENNEY, CRC COMMITTEE
STAFFORD CREEK MEDICAL,
CLIFFORD J. JOHNSON, SHARON
MORGAN, DAVE SIMS, M. HOLTHE,
CRC COMMITTEE CBCC, and
G. PRESSEL,

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ORDER GRANTING MOTION TO STAY
DISCOVERY PENDING MOTION TO
DISMISS

Defendants.

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No. C12-5048 RBL/KLS

Before the Court is Defendants’ Motion to Stay Discovery Pending Motion to Dismiss.
ECF No. 41. Also pending before the Court is Defendant’s Motion to Dismiss pursuant to Fed.
R. Civ. P. 12 (c). ECF No. 40. Under separate Report and Recommendation, the undersigned

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has recommended that the motion to dismiss be denied and that Plaintiff be given an opportunity
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to submit an amended complaint.
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

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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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The Court has recommended that Plaintiff be granted leave to submit an amended
complaint. Until Plaintiff has submitted a viable Section 1983 complaint, the parties should not

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be burdened with the expense of discovery.
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Accordingly, it is ORDERED:
(1)

Defendants’ Motion to Stay Discovery (ECF No. 41) is GRANTED; all

discovery shall be STAYED pending further order of this Court.
(2)

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

Defendants.
DATED this 23rd day of July, 2012.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2