Harris v. American Behavioral Health System

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 CHRISTOPHER WILLIAM HARRIS, CASE NO. C23-0989-KKE 8

Plaintiff(s), ORDER ON PLAINTIFF’S MOTIONS FOR 9 v. DISCOVERY, SUMMARY JUDGMENT, AND CLARIFICATION 10 AMERICAN BEHAVIORAL HEALTH SYSTEM, et al., 11

Defendant(s). 12

13 This matter comes before the Court on multiple motions filed by Plaintiff Christopher 14 William Harris, proceeding pro se, requesting discovery, the entry of summary judgment, and 15 clarification of a prior court order. Dkt. Nos. 23, 27–29. 16 Other motions are pending in this case as well, specifically Defendants’ motion to dismiss, 17 Harris’s motions to amend his complaint, Harris’s motion to transfer venue, and Harris’s motion 18 for notification. See Dkt. Nos. 25, 38–41. 19 Discovery has not yet commenced in this action in light of the pending motion to dismiss 20 (see Dkt. No. 34 ¶ 3), and the Court finds that Harris’s motion requesting discovery is premature 21 until the motion to dismiss has been resolved. The pending motion to dismiss and motions to 22 amend the complaint also render Harris’s motions for summary judgment premature at this time. 23 Harris’s motions seeking discovery and summary judgment (Dkt. Nos. 23, 27, 29) are therefore 24 DENIED without prejudice, and may be re-filed after the Court resolves the pending motions 1 related to the sufficiency of Harris’s complaint. See, e.g., White v. Sanchez, No. CV 21-04066- 2 GW (DFM), 2023 WL 4290386, at *1 (C.D. Cal. Mar. 1, 2023) (“Summary judgment is generally 3 not appropriate until the parties have had an opportunity to pursue discovery. The Court will not

4 issue a case management and scheduling order regarding discovery in this case unless Plaintiff’s 5 complaint survives a motion to dismiss.”). 6 The Court GRANTS Harris’s motion for clarification (Dkt. No. 28), to clarify that the 7 Court’s prior order (Dkt. No. 24) referenced facts alleged in Harris’s statement of his claim. See 8 Dkt. No. 7 at 8–9 (Harris’s complaint stating that the allegedly unlawful disclosure of his medical 9 information was used against him in open court in a criminal proceeding). 10 Dated this 12th day of December, 2023. 11 A 12 Kymberly K. Evanson 13 United States District Judge

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