Andrade v. Lewis et al
Filing
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ORDER STAYING DISCOVERY 23 (Illston, Susan) (Filed on 7/23/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ADRIAN FRANK ANDRADE,
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United States District Court
For the Northern District of California
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No. C 11-3528 SI (pr)
Plaintiff,
ORDER STAYING DISCOVERY
v.
GREG LEWIS, warden; et al.,
Defendants.
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Defendants have moved for a stay of discovery pending resolution of their summary
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judgment motion in which they raise a defense of qualified immunity. Upon due consideration,
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defendants' motion to stay discovery pending resolution of the motion for summary judgment
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is GRANTED. (Docket # 23.) The U.S. Supreme Court has made it abundantly clear that a
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district court should stay discovery until the threshold question of qualified immunity is settled.
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See Crawford-El v. Britton, 523 U.S. 574, 598 (1998); Anderson v. Creighton, 483 U.S. 635, 646
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n.6 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). All discovery is STAYED until the
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court rules on defendants' motion for summary judgment. This ruling means that plaintiff must
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prepare his opposition to the motion to summary judgment without the benefit of any discovery
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he has not yet received.
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IT IS SO ORDERED.
Dated: July 23, 2012
_______________________
SUSAN ILLSTON
United States District Judge
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