Moseley v. Department of Social and Health Services et al

Filing 49

ORDER granting 48 Agreed Motion to Stay, this case is stayed until 12/14/18, or until plaintiff's condition has improved such that he is capable of meaningfully engaging in litigation. Plaintiff's counsel shall file a status report and if necessary, a motion to extend the stay on or before 11/30/18. **SEE ORDER FOR REMAINING DETAILS**. Signed by Magistrate Judge J Richard Creatura.(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JAMES DALE MOSELEY,
Plaintiff,

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CASE NO. 3:17-cv-05427-BHS-JRC
ORDER GRANTING AGREED
STAY

v.
DEPARTMENT OF SOCIAL AND
HEALTH SERVICES, et al.,

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Defendants.
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The District Court has referred this 42 U.S.C. § 1983 civil rights action to United States

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Magistrate Judge J. Richard Creatura pursuant to 28 U.S.C. § 636(b)(1)(A) and (B), and local

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Magistrate Judge Rules MJR1, MJR3 and MJR4.

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Plaintiff James Dale Moseley, proceeding pro se and in forma pauperis, filed this action

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on June 2, 2017. Dkt. 1. After plaintiff’s amended complaint was served on defendants, Dkts. 10,

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11, plaintiff retained counsel, Dkt. 24, and plaintiff’s counsel requested leave to file another

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amended complaint, Dkt. 25. The Court granted plaintiff’s request on November 21, 2017 and

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docketed plaintiff’s proposed amended complaint. Dkt. 28.

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ORDER GRANTING AGREED STAY - 1

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On March 13, 2018, the Court entered an order to show cause, noting that the parties had

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made no additional filings since plaintiff’s counsel filed the amended complaint and directing the

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parties to explain why the Court should not recommend dismissal of the case. Dkt. 32. Both

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parties filed responses, indicating they were experiencing difficulties ensuring all defendants had

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been properly served and so defendants’ counsel had not yet filed a response to plaintiff’s

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amended complaint, and plaintiff had not yet moved for default judgment. Dkts. 33, 34.

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Defendants subsequently filed an answer to plaintiff’s amended complaint, Dkt. 39, and the

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Court entered a pretrial scheduling order on May 18, 2018, Dkt. 40.

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Defendants have now filed an agreed motion to stay discovery and trial date. Dkt. 48.

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They note that plaintiff has been suffering from “substantial decompensation due to his mental

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illness,” plaintiff’s counsel has been unable to have visitation with plaintiff because of this

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decompensation, and plaintiff cannot currently be deposed or otherwise participate in the

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discovery process. Id. Defendants therefore ask that the case be stayed until such a time as

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plaintiff can again meaningfully engage in litigation. Id. Defendants also note that plaintiff’s

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counsel “is amenable to providing the Court with status updates every 90 days or as otherwise

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directed by the Court.” Id., p. 2.

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Therefore, it is ORDERED:

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1) This case is stayed until December 14, 2018, or until plaintiff’s conditions has

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improved such that he is capable of meaningfully engaging in litigation.
2) Plaintiff’s counsel shall file a status report and, if necessary, a motion to extend the

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stay on or before November 30, 2018 – fourteen days before the stay ends. Plaintiff’s

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counsel’s report shall inform the Court whether plaintiff’s mental state has improved

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or deteriorated, and, if plaintiff’s mental health has improved, when it is likely that

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ORDER GRANTING AGREED STAY - 2

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his mental health will improve to a point where is once again capable of engaging in

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litigation.

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3) Should plaintiff’s mental health improve sufficiently before December 14, 2018,
plaintiff’s counsel is directed to inform the Court and file a motion to lift the stay.
4) The Clerk is directed to note the November 30, 2018 due date on the Court’s
calendar.
Dated this 11th day of September, 2018.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER GRANTING AGREED STAY - 3