(PC) Flow-Sunkett v. T. Redmon ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GLENN SUNKETT, Case No. 1:21-cv-01137-HBK (PC) 12 Plaintiff, ORDER STAYING PLAINTIFF’S RESPONSE TO DEFENDANTS’ MOTION 13 v. FOR SUMMARY JUDGMENT 14 T. BOERUM and T. REDMON, (Doc. No. 58) 15 Defendants. 16 17 On June 18, 2024, Defendants filed a Motion to Dismiss, which is ripe for review and now 18 pending before the Court. (Doc. Nos. 55, 56, 57). On September 6, 2024, Defendants filed an 19 exhaustion-based Motion for Summary Judgment, which is currently pending a response from 20 Plaintiff. (Doc. No. 58). Because the earlier-filed Motion to Dismiss (“MTD”) may be 21 dispositive of the case and thus render moot the Motion for Summary Judgment (“MSJ”), the 22 Court finds it appropriate to stay the Motion for Summary Judgment pending the Court’s ruling 23 on the Motion to Dismiss. 24 A federal court enjoys “broad discretion to stay proceedings as an incident to its power to 25 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). For example, magistrate 26 judges have broad discretion to stay discovery pending decisions on dispositive motions. Panola 27 Land Buyers Ass’n v. Shuman, 762 F.2d 1550 (11th Cir. 1985); see also Scroggins v. Air Cargo, 28 Inc., 534 F.2d 1124, 1133 (5th Cir. 1976). 1 Here, the Court finds that a stay is warranted in the interests of judicial economy and to 2 || preserve the Parties’ time and resources. The Court’s ruling on the pending Motion to Dismiss 3 || may render moot the Motion for Summary Judgment, and therefore further briefing on the MSJ 4 | should be stayed pending the Court’s decision on the earlier-filed motion MTD. 5 Accordingly, it is ORDERED: 6 Defendants’ Motion for Summary Judgment (Doc. No. 58) is STAYED pending the 7 Court’s ruling on Defendants’ Motion to Dismiss (Doc. No. 55) or until further order of 8 the Court. The Court will advise Plaintiff when a response to the Motion for Summary 9 Judgment is due, if appropriate. 10 | Dated: _ September 23, 2024 Wiha Th fares Zack 12 HELENA M. BARCH-KUCHTA 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28