Young v. Russell et al

Filing 93

ORDER by Judge Benjamin H Settle denying 83 Plaintiff's appeal and affirming discovery order.(TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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8 RICKY ANTHONY YOUNG,
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Plaintiff,

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CASE NO. C13-5079 BHS-JRC
ORDER AFFIRMING
DISCOVERY ORDER

v.

11 SCOTT RUSSELL, et al.,
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Defendants.

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This matter comes before the Court on Plaintiff Ricky Anthony Young’s

15 (“Young”) appeal of magistrate’s discovery order (Dkt. 83).
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On October 7, 2013, United States Magistrate Judge J. Richard Creatura issued an

17 order denying Young’s motion to stay discovery and motion to extend discovery and
18 granted Defendant Jean Anderson’s (“Anderson”) motion for a protective order. Dkt. 83.
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The Court has broad discretionary power to control discovery. Little v. Seattle,

20 863 F.2d 681, 685 (9th Cir. 1988). Young argues that Judge Creatura’s order is an abuse
21 of discretion. Dkt. 83 at 1. Young fails to show any abuse. Anderson is on extended
22 medical leave, and it is well within Judge Creatura’s discretion to protect Anderson from

ORDER - 1

1 discovery until she returns to work. Moreover, there is no justification for extending all
2 discovery for 180 days because of Anderson’s current inability to participate. Therefore,
3 the Court AFFIRMS Judge Cretura’s order.
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IT IS SO ORDERED.

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Dated this 19th day of November, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2