Opinion
3:10-CV-0083-RCJ(VPC)
10-17-2011
ANTHONY LEWIS, Plaintiff, v. J. ALLEN et al., Defendants.
COUNSEL FOR PLAINTIFF: NONE APPEARING COUNSEL FOR DEFENDANTS: NONE APPEARING
MINUTES OF THE COURT
PRESENT:
THE HONORABLE VALERIE P. COOKE, UNITED STATES MAGISTRATE JUDGE
DEPUTY CLERK: LISA MANN REPORTER: NONE APPEARING
COUNSEL FOR PLAINTIFF: NONE APPEARING
COUNSEL FOR DEFENDANTS: NONE APPEARING
MINUTE ORDER IN CHAMBERS: XXX
Defendants' motion for stay of plaintiff's motion for summary judgment or cross-motion for summary judgment (#98) is GRANTED. Defendants may file a response to plaintiff's motions thirty (30) days following the court's ruling on defendants' partial motion to dismiss.
Defendants' motion for a protective order limiting plaintiff's filings or other relief (#99) is DENIED without prejudice. An order imposing a pre-filing restriction is an extreme remedy that should be approached with particular caution. Delong v. Hennessy, 912 F.2d 1144 (9th Cir. 1990). If defendants choose, they may re-file a motion with points and authorities containing an adequate record for review by listing the case filings and specific motions that support its order, and evidence to support a substantive finding of the frivolousness or harassing nature of plaintiff's filings. Mat 1147.
IT IS SO ORDERED.
LANCE S. WILSON, CLERK
By:_____
Deputy Clerk