Andrade v. Lewis et al

Filing 26

ORDER STAYING DISCOVERY 23 (Illston, Susan) (Filed on 7/23/2012)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 ADRIAN FRANK ANDRADE, 9 United States District Court For the Northern District of California 10 11 12 No. C 11-3528 SI (pr) Plaintiff, ORDER STAYING DISCOVERY v. GREG LEWIS, warden; et al., Defendants. / 13 14 15 Defendants have moved for a stay of discovery pending resolution of their summary 16 judgment motion in which they raise a defense of qualified immunity. Upon due consideration, 17 defendants' motion to stay discovery pending resolution of the motion for summary judgment 18 is GRANTED. (Docket # 23.) The U.S. Supreme Court has made it abundantly clear that a 19 district court should stay discovery until the threshold question of qualified immunity is settled. 20 See Crawford-El v. Britton, 523 U.S. 574, 598 (1998); Anderson v. Creighton, 483 U.S. 635, 646 21 n.6 (1987); Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). All discovery is STAYED until the 22 court rules on defendants' motion for summary judgment. This ruling means that plaintiff must 23 prepare his opposition to the motion to summary judgment without the benefit of any discovery 24 he has not yet received. 25 26 27 28 IT IS SO ORDERED. Dated: July 23, 2012 _______________________ SUSAN ILLSTON United States District Judge

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