Moseley v. Department of Social and Health Services et al

Filing 56

ORDER EXTENDING STAY signed by Judge J Richard Creatura. The stay in this case is extended until May 31, 2019. Plaintiff's counsel shall file a status report and, if necessary, another motion to extend the stay on or before May 17, 2019. (GMR)

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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 EXTENDING 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 28 U.S.C. § 1983 action to United States Magistrate

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Judge J. Richard Creatura. The Court’s authority for the referral is 28 U.S.C. §§ 636(b)(1)(A)

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and (B) and local Magistrate Judge Rules MJR3 and MJR 4.

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Plaintiff initially filed this action pro se in June 2017. See Dkt. 1. After plaintiff

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obtained counsel and filed a third amended complaint and defendants filed an answer, the Court

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entered a pretrial scheduling order, setting the discovery and dispositive motions deadlines.

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Dkts. 26, 29, 39, 40. The parties then filed an agreed motion to stay discovery. Dkt. 48. They

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explained that plaintiff had “been suffering from substantial decompensation due to his mental

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ORDER EXTENDING STAY - 1

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illness” and was unable to have visitation with his attorney, to be deposed, or to otherwise

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participate in the discovery process. See Dkt. 48, at 1. The parties asked that discovery be

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stayed until plaintiff could meaningfully engage in discovery and offered to provide status

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updates every 90 days regarding plaintiff’s condition. See Dkt. 48.

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The Court granted the agreed motion and stayed the case until December 14, 2018. Dkt.

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49. Upon the parties’ stipulated motion to extend the stay in November 2018, the Court

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extended the stay until March 29, 2019 and ordered plaintiff’s counsel to file a “status report and,

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if necessary, another motion to extend the stay on or before March 15, 2019[.]” See Dkt. 53, at

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2.
In February 2019, plaintiff’s counsel wrote a letter to update the Court about plaintiff’s

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status. See Dkt. 54. Plaintiff’s counsel stated that although plaintiff had shown some

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improvement, plaintiff’s mental health problems had worsened. See Dkt. 54, at 1. Plaintiff’s

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counsel wrote that his client could not meaningfully engage in discovery and records review or

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planning and case evaluation; indeed, he could not even be in the same room as his attorney. See

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Dkt. 54, at 1. In light of plaintiff’s transfer to another institution and his ongoing mental health

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problems, counsel requested that the stay be extended until at least late August or early

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September 2019, in order for plaintiff to benefit from 4 to 6 months of additional mental health

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treatment at the new facility. See Dkt. 54, at 2.

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Defendants filed a motion opposing the request to extend the stay past June 1, 2019, on

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the basis of potential prejudice to the defense. See Dkt. 55, at 1–2. Defendants state that they

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“may object to additional extensions without a showing and court determination of [plaintiff’s]

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current incompetency.” Dkt. 55, at 1.

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ORDER EXTENDING STAY - 2

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Therefore it is ORDERED:

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(1) The stay in this case is extended until May 31, 2019, the Friday before June 1, 2019;

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(2) Plaintiff’s counsel shall file a status report and, if necessary, another motion to

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extend the stay on or before May 17, 2019—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 and

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whether it is likely that his mental health will improve to a point where he is once again capable

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of engaging in litigation. Defendants shall file a response on or before May 27, 2019, informing

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the Court of their position.

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(3) Should plaintiff’s mental health improve sufficiently before May 31, 2019, plaintiff’s
counsel shall inform the Court and file a motion to lift the stay.
Dated this 15th day of April, 2019.

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A

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J. Richard Creatura
United States Magistrate Judge

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ORDER EXTENDING STAY - 3