MICHAEL J. NEWMAN, Magistrate Judge.
This is a civil case in which pro se Plaintiff Michael D. McCain, Sr. ("McCain"), an inmate in the custody of the Ohio Department of Rehabilitation and Corrections ("ODRC"), asserts, inter alia, civil rights claims against a great number of Defendants under 42 U.S.C. § 1983. See doc. 52. Such claims arise from alleged conduct of Defendants occurring during McCain's detention at the Chillicothe Correctional Institution ("CCI") beginning in early 2014, until his transfer to Mansfield Correctional Institution ("MCC") in April 2016. See doc. 52.
Presently before the Court are a number of motions, including Defendants' motion for judgment on the pleadings (doc. 95) and motions to stay a number of pretrial deadlines previously set by the Court — namely, the deadlines for discovery, the filing of dispositive motions, and the assertion of qualified immunity (docs. 96, 99, 103). In response, McCain moves to compel discovery responses, to strike Defendants' motion for judgment on the pleadings, and for the imposition of sanctions for Defendants' failure to respond to discovery. Docs. 97, 101. The undersigned has carefully considered all of the foregoing, and the aforementioned motions are ripe for decision.
McCain originally filed this case on April 13, 2015 (doc. 1) and subsequently filed an amended complaint at the Court's direction on February 13, 2017 (doc. 52). All Defendants were served with process on or before June 12, 2017. Docs. 18, 20, 21, 24, 65, 67, 69. On January 8, 2018, the Court issued a Rule 16 Scheduling Order, Ordering that "motions . . . addressing the. . . pleadings, if any, must be filed on or before March 1, 2018"; discovery be completed on or before June 1, 2018; dispositive motions be filed on or before July 1, 2018; and motions raising qualified immunity be filed on or before August 1, 2018. Id.
According to McCain, within a month after issuance of the Scheduling Order, he served interrogatories and requests for the production of documents on Defendants on February 6, 2018. Doc. 86-1. To date, Defendants have not responded to those written discovery requests. See doc. 98 at PageID 602-03. On April 6, 2018, McCain moved to compel discovery responses by Defendants (doc. 86), and such motion was denied because McCain failed to certify that he attempted to confer with Defendants' attorney in good faith with regard to the overdue discovery responses. Doc. 87. On April 23, 2018, McCain again moved to compel discovery responses (doc. 90), which the Court again denied after granting Defendants an extension of time, until May 30, 2018, to so respond. Doc. 92. The Court specifically Ordered that "Defendants must respond to [McCain's] discovery requests
Defendants did not respond to McCain's discovery requests by May 30, 2018 as Ordered. Instead, on May 23, 2018, Defendants moved for judgment on the pleadings (doc. 95) and simultaneously moved to stay discovery pending a decision on the motion for judgment on the pleadings (doc. 96). The undersigned finds Defendants' request for a stay of discovery not welltaken for several reasons. First, while the undersigned would typically be responsive to such requests pending disposition of Rule 12 motions, here, this case was pending for well over a year on McCain's amended complaint before the filing of Defendants' Rule 12(c) motion, and for well over three years overall. See docs. 1, 52. Second, while Defendants anticipated the filing of a Rule 12(c) motion as late as April 26, 2018, they did not seek a stay at that time and, instead, sought only an extension of time to provide responses. See doc. 91. Third, instead of seeking a stay of discovery at the time they anticipated the filing of a Rule 12(c) motion, they waited until the eve of their extended discovery response deadline and the deadline for the completion of all discovery to do so.
Accordingly, based on the foregoing, the undersigned finds that good cause does not support the requested stay and, in fact, the granting of Defendants' request could potentially encourage gamesmanship by parties in similar cases. Thus, Defendants' motion for a stay of discovery (doc. 96) is
In that regard, McCain's motion to compel (doc. 97) is
For the same reasons, the Court also