United States District Court, M.D. Louisiana
DONOVAN R. TAPLETTE
JAMES M. LEBLANC, ET AL.
RULING ON UNOPPOSED MOTION TO STAY
WILDER-DOOMES UNITED STATES MAGISTRATE JUDGE.
the Court is an Unopposed Motion to Stay Proceedings (the
“Motion”) filed by defendants, James LeBlanc
(“Secretary LeBlanc”), Timothy Hooper
(“Warden Hooper”), and Craig White
(“Sergeant White”) (collectively,
“Defendants”). For the reasons set forth herein,
the Motion is granted in part.
Motion, Defendants request an order “staying all
proceedings, including discovery until Defendant Craig White
returns to Elayn Hunt Correctional Center after having been
on FMLA leave and to reset the discovery deadlines as well as
the deadline for plaintiff to identify ‘John Doe 1'
and ‘John Doe 2.'” Defendants state that
Sergeant White will likely return to work on August 1,
district court has the inherent power to regulate the flow of
cases and “control the disposition of the causes on its
docket with economy of time and effort for itself, for
counsel, and for litigants.” The Fifth Circuit has
explained that “[t]he stay of a pending matter is
ordinarily within the trial court's wide discretion to
control the course of litigation, which includes authority to
control the scope and pace of discovery.” “This
authority has been held to provide the court the
‘general discretionary power to stay proceedings before
it in control of its docket and in the interests of
justice.'” Accordingly, when “the interests of
justice seem[ ] to require such action, ” a court may
exercise its discretion to stay civil proceedings, postpone
discovery, or impose protective orders and
conditions. “Even discretionary stays, however,
will be reversed when they are ‘immoderate or of an
assert that following conferral with opposing counsel,
Plaintiff does not have any objection to the Motion to
Stay. Defendants further assert that a stay is
appropriate considering Sergeant White's medical leave,
which is anticipated to conclude in August
2019.These assertions are insufficient to stay
these proceedings, especially considering the December 3,
2019 fact discovery deadline.
Defendants have provided no basis for staying the entirety of
this case, to the extent Defendants are seeking an extension
of time for Sergeant White to respond to written discovery
and an extension of the deadline to file service information
for John Doe 1 and John Doe 2, the Court grants the Motion.
state that Plaintiff propounded interrogatories and requests
for production of documents on Sergeant White on May 24,
2019. Sergeant White's responses are
therefore due on June 23, 2019. Considering Sergeant
White's medical leave, the Court finds an extension of
time for Sergeant White to respond to the May 24, 2019
discovery requests is appropriate. Based on Defendants'
assertion that Sergeant White will return to work on August
1, 2019, the Court extends the deadline for Sergeant White to
respond to the May 24, 2019 discovery requests to Wednesday,
August 14, 2019.
respect to the deadline to file service information for John
Doe 1 and John Doe 2, Defendants do not explain how
identification of and service on these defendants is
contingent on Sergeant White's availability. Moreover,
the Court assumes that Defendants would have other methods by
which these two unknown defendants can be identified.
Accordingly, while the Court will grant a forty-five (45) day
extension of time to file adequate service information
regarding defendants John Doe 1 and John Doe 2 into the
record, the parties are notified that no further extensions
of time to file service information for these defendants will
be granted absent a showing of good cause and an explanation
of all efforts made to identify and serve John Doe 1 and John
IT IS HEREBY ORDERED that the Unopposed
Motion to Stay Proceedings,  to the extent the Motion seeks
an extension of time for Sergeant White to respond to the May
24, 2019 written discovery requests and an extension of time
for Plaintiff to file adequate service information regarding
defendants John Doe 1 and John Doe 2 into the record, is
GRANTED IN PART.
IS HEREBY ORDERED that Sergeant White's
responses to the May 24, 2019 written discovery requests are
due on Wednesday, August 14, 2019.
IS FURTHER ORDERED that Plaintiff shall file
adequate service information regarding defendants John Doe 1
and John Doe 2 by no later than Friday, August 2,
2019. The parties are NOTIFIED that
no further extensions of time to file service information for
these defendants will be granted absent a showing of good
cause and an explanation of all efforts made to identify and
serve John Doe 1 and John Doe 2.
 R. Doc. 38.