United States District Court, M.D. Louisiana
RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE
the Court is Defendant's Motion to Stay Discovery (R.
Doc. 99) filed on September 1, 2017. The motion is opposed.
(R. Doc. 107).
December 14, 2015, Sede Baker (“Plaintiff”)
initiated this action, alleging that while incarcerated at
the Louisiana State Penitentiary (“LSP”) a prison
guard identified as “Sergeant Ephia” violated
Plaintiff's civil rights by allowing another inmate into
his cell who attacked and injured him. (R. Doc. 1).
22, 2016, the Court allowed Plaintiff to file an Amended
Complaint for Damages (R. Doc. 35) naming Sergeant
Tyranissuin Ephion (“Defendant”) as the correct
defendant. (R. Doc. 36).
proceeding pro se at the time, answered the
allegations in the Amended Complaint. (R. Doc. 51;
see R. Doc. 55).
April 6, 2017, the Court issued an order allowing counsel to
enroll for Defendant. (R. Doc. 60). Defendant then filed an
Amended Answer and Affirmative Defenses. (R. Doc. 68).
Defendant specifically raised the defense of qualified
immunity. (R. Doc. 68 at 2).
5, 2017, the Court issued a Scheduling Order providing, among
other things, that the deadline to complete all discovery is
November 30, 2017; the deadline to file dispositive motions
is December 29, 2017; and that trial will commence on July
16, 2018. (R. Doc. 65).
25, 2017, Defendant moved for summary judgment on the basis
that Plaintiff failed to exhaust all available administrative
remedies prior to filing the suit as required by 42 U.S.C.
§ 1997e(a). (R. Doc. 70). Plaintiff has opposed the
motion. (R. Doc. 72). The motion is pending before the
5, 2017, Defendant filed a motion to stay discovery pending
resolution of her motion for summary judgment. (R. Doc. 71).
The Court denied the motion. (R. Doc. 79).
August 9, 2017, Defendant filed a second motion to stay
discovery pending resolution of her motion for summary
judgment. (R. Doc. 82). The Court denied the motion. (R. Doc.
September 1, 2017, Defendant filed a motion to dismiss on the
basis that Plaintiff failed to state a claim pursuant to the
Eighth Amendment, and on the basis that Defendant is entitled
to qualified immunity from Plaintiff's claim for damages
against her in her individual capacity. (R. Doc. 98). The
motion is opposed. (R. Doc. 108). The motion is pending
before the district judge.
also filed the instant motion to stay discovery on September
1, 2017, this time on the basis that Defendant has raised the
issue of qualified immunity in her motion to dismiss. (R.
Doc. 99). Plaintiff opposes the motion on the sole
“basis that it is the third motion to stay filed in
this matter.” (R. Doc. 107).