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Baker v. Ephion

United States District Court, M.D. Louisiana

September 11, 2017

SEDE BAKER
v.
SERGEANT TYRANISSUIN EPHION

          ORDER

          RICHARD L. BOURGEOIS, JR. UNITED STATES MAGISTRATE JUDGE

         Before the Court is Defendant's Motion to Stay Discovery (R. Doc. 99) filed on September 1, 2017. The motion is opposed. (R. Doc. 107).

         I. Background

         On 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).

         On July 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).

         Defendant, proceeding pro se at the time, answered the allegations in the Amended Complaint. (R. Doc. 51; see R. Doc. 55).

         On 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).

         On May 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).

         On May 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 district judge.

         On June 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).

         On 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. 97).

         On 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.

         Defendant 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).

         II. ...


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