MORRIS v. VIRGA, 2:10-cv-02069 JAM DAD. (2014)
Court: District Court, E.D. California
Number: infdco20141009846
Visitors: 28
Filed: Oct. 02, 2014
Latest Update: Oct. 02, 2014
Summary: ORDER DALE A. DROZD, District Judge. Defendants have filed a motion to stay discovery in light of their pending motion for summary judgment based upon plaintiff's alleged failure to exhaust his administrative remedies prior to filing suit as required. Defendants' motion is potentially dispositive of this entire case, and plaintiff has already opposed the motion for summary judgment indicating that discovery is not required on the issue of exhaustion. Under these circumstances, the court will g
Summary: ORDER DALE A. DROZD, District Judge. Defendants have filed a motion to stay discovery in light of their pending motion for summary judgment based upon plaintiff's alleged failure to exhaust his administrative remedies prior to filing suit as required. Defendants' motion is potentially dispositive of this entire case, and plaintiff has already opposed the motion for summary judgment indicating that discovery is not required on the issue of exhaustion. Under these circumstances, the court will gr..
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ORDER
DALE A. DROZD, District Judge.
Defendants have filed a motion to stay discovery in light of their pending motion for summary judgment based upon plaintiff's alleged failure to exhaust his administrative remedies prior to filing suit as required. Defendants' motion is potentially dispositive of this entire case, and plaintiff has already opposed the motion for summary judgment indicating that discovery is not required on the issue of exhaustion. Under these circumstances, the court will grant defendants' motion. See Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014) (court may use its discretion to limit discovery "leaving until later — if it becomes necessary — discovery directed to the merits of the suit").
Accordingly, good cause appearing, IT IS HEREBY ORDERED that:
1. Defendants' motion for a protective order (Doc. No. 49) is granted; and
2. Discovery is stayed in this action. In the event that the court denies defendants' pending motion for summary judgment, the court will issue a discovery and scheduling order for this case.
Source: Leagle
