Parrish v. Solis et al
Filing
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ORDER by Judge Lucy H. Koh granting 61 Motion to Stay; denying 68 Motion to Compel; denying 70 Motion to Compel (Attachments: # 1 certificate of mailing) (mpb, COURT STAFF) (Filed on 5/11/2012)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KAHEAL PARRISH,
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Plaintiff,
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v.
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A. SOLIS, et al.,
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Defendants.
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No. C 11-1438 LHK (PR)
ORDER GRANTING MOTION
TO STAY DISCOVERY;
DENYING MOTIONS TO
COMPEL
(Docket Nos. 61, 68, 70)
Plaintiff, a state prisoner proceeding pro se, filed a civil rights complaint pursuant to 42
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U.S.C. § 1983 alleging that prison officials violated his right to be free from excessive force. On
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December 5, 2011, Defendant filed a motion for summary judgment. On March 29, 2012,
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Defendants filed a motion to stay discovery pending the disposition of their argument that they
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are entitled to qualified immunity. On April 9, 2012, the Court denied Plaintiff’s request to stay
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Defendants’ motion for summary judgment so that he may have additional time to conduct
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discovery. On April 20, 2012, Plaintiff filed two motions to compel discovery.
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As a general rule, a district court should stay discovery until the issue of qualified
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immunity is resolved. See Crawford-El v. Britton, 523 U.S. 574, 598 (1998); Harlow v.
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Fitzgerald, 457 U.S. 800, 818 (1982). Accordingly, Defendants’ motion to stay discovery until
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the Court has ruled on the issue of qualified immunity, as raised in Defendants’ motion for
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summary judgment, is hereby GRANTED. (Docket No. 61.) In light of this ruling, Plaintiff’s
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motions to compel are hereby DENIED. (Docket Nos. 68, 70.)
Order Granting Motion to Stay Discovery; Denying Motions to Compel
G:\PRO-SE\SJ.LHK\CR.11\Parrish438stayqi.wpd
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IT IS SO ORDERED.
DATED: 5/10/12
LUCY H. KOH
United States District Judge
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Order Denying Plaintiff’s Request to Stay Motion for Summary Judgment
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G:\PRO-SE\SJ.LHK\CR.11\Parrish438stayqi.wpd
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