Perez v. Morgan et al

Filing 105

ORDER granting Defendant Morgan's 63 Motion for Protective Order, signed by Magistrate Judge Theresa L Fricke.**2 PAGE(S), PRINT ALL**(Daniel Perez, Prisoner ID: 888274)(CMG)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 DANIEL JAY PEREZ, 8 NO. 3:16-cv-6023 RBL-TLF Plaintiff, 9 10 DICK MORGAN, et al., 11 Defendants. 12 13 14 ORDER GRANTING DEFENDANT MORGAN’S MOTION FOR PROTECTIVE ORDER v. Defendant Dick Morgan moves the Court for a protective order relieving him of the obligation of responding to discovery pending the outcome of his motion to dismiss. Dkt. 63. 15 DISCUSSION 16 The court has broad discretionary powers to control discovery. Little v. City of Seattle, 17 18 863 F.2d 681, 685 (9th Cir. 1988). Upon showing of good cause, the court may deny or limit 19 discovery. Fed. R. Civ. P. 26(c). A court may relieve a party of the burdens of discovery while 20 a dispositive motion is pending. DiMartini v. Ferrin, 889 F.2d 922, 926 (9th Cir. 1989). Under 21 a separate Report and Recommendation, the undersigned is recommending that defendant 22 Morgan’s motion to dismiss be granted. Plaintiff is not opposed to dismissing his claims 23 24 against Mr. Morgan because Mr. Morgan was named only due to his role as the Secretary of 25 the Department of Corrections (“DOC”) and Mr. Morgan is no longer the DOC secretary. Dkt. 26 74. ORDER GRANTING DEFENDANT MORGAN’S MOTION FOR PROTECTIVE ORDER 1 1 Accordingly, it is ORDERED: 2 1. Defendant Morgan’s motion for protective order (Dkt. 63) is GRANTED. 2. The Clerk is directed to send copies of this Order to plaintiff and counsel for 3 4 defendants. 5 6 DATED this 11th day of August, 2017. A 7 8 Theresa L. Fricke United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDER GRANTING DEFENDANT MORGAN’S MOTION FOR PROTECTIVE ORDER 2

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