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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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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DANIEL JAY PEREZ,

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NO. 3:16-cv-6023 RBL-TLF
Plaintiff,

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DICK MORGAN, et al.,

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Defendants.

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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.

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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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a dispositive motion is pending. DiMartini v. Ferrin, 889 F.2d 922, 926 (9th Cir. 1989). Under

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a separate Report and Recommendation, the undersigned is recommending that defendant

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Morgan’s motion to dismiss be granted. Plaintiff is not opposed to dismissing his claims
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against Mr. Morgan because Mr. Morgan was named only due to his role as the Secretary of

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the Department of Corrections (“DOC”) and Mr. Morgan is no longer the DOC secretary. Dkt.

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74.

ORDER GRANTING DEFENDANT
MORGAN’S MOTION FOR
PROTECTIVE ORDER

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Accordingly, it is ORDERED:

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1.

Defendant Morgan’s motion for protective order (Dkt. 63) is GRANTED.

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The Clerk is directed to send copies of this Order to plaintiff and counsel for

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defendants.
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DATED this 11th day of August, 2017.

A

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Theresa L. Fricke
United States Magistrate Judge

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ORDER GRANTING DEFENDANT
MORGAN’S MOTION FOR
PROTECTIVE ORDER

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