Yaqub v. Paynter. ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAHAT YAQUB, by and through his Case No. 1:23-cv-01482-NODJ-EPG Guardian Ad Litem, SADIA YAQUB, 12 ORDER APPROVING STIPULATION FOR A Plaintiff, LIMITED STAY OF FACT DISCOVERY 13 RELATED TO INDIVIDUAL DEFENDANTS v. JACOB PAYNTER AND ARTURO GAONA- 14 SANTILLAN 15 JACOB PAYNTER, et al., (ECF No. 18) 16 Defendants. 17 18 On January 11, 2024, the parties filed a joint stipulation requesting a limited stay of 19 discovery as to Defendants Jacob Paynter and Arturo Gaona-Santillan. (ECF No. 18). According 20 to the parties’ stipulation, Defendants Paynter and Gaona-Santillan “are currently pending 21 criminal charges in the Superior Court for the County of Merced arising out of the same incident, 22 acts and/or omissions alleged in Plaintiff’s Complaint for Damages.” (Id., p. 1). The state criminal 23 case “is currently set for jury trial on May 14, 2024.” (Id.) Further, “[t]he parties have met and 24 conferred in an effort to balance the Fifth Amendment Rights of the Individual Defendants with 25 Plaintiff’s desire to proceed expeditiously with fact discovery” and “have utilized the five factors 26 set out in Keating v. Office of Thrift Supervision, 45 F. 3d 322, 324 (9th Cir. 1995) during its 27 evaluation of the stay requested[.]” (Id., pp. 1-2). The parties request that “fact discovery directed 28 to the Individual Defendants, as well as the disclosures required by Fed. R. Civ. Proc. 26” be 1 | stayed until the state criminal cases have resolved. (/d., p. 2). The parties have further stipulated 2 | that “should one of the criminal cases resolve but the other continue, the stay will be lifted for the 3 | Individual Defendant whose case resolved but remain in place for the Individual Defendant 4 | whose case continues until that remaining criminal case is resolved.” (/d., p. 2). 5 Based on the parties’ stipulation, the Court will GRANT the parties’ request (ECF No. 18) 6 for a limited stay as follows: 7 1. Fact discovery (including initial disclosures) directed to individual Defendants Paynter 8 and Gaona-Santillan is hereby stayed until the pending state criminal cases have resolved. 9 2. The stay will lift as to each individual defendant upon resolution of the criminal case against that defendant. 8 3. The parties shall file a joint report as to the status of the pending criminal cases by no later than June 4, 2024. 12 13 | IT IS SO ORDERED. "| pated: _January 17,2024 [sf Fahey — I5 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28