Treglia v. Kerman et al

Filing 109

ORDER by Judge Lucy H. Koh granting 100 Motion to Stay Discovery (Attachments: # 1 Certificate/Proof of Service) (mpb, COURT STAFF) (Filed on 7/17/2014)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DANIEL TREGLIA,

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Plaintiff,
v.

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SCOTT KERNAN, et al.,
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Defendants.
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No. C 12-2522 LHK (PR)
ORDER GRANTING MOTION
TO STAY DISCOVERY

(Docket No. 100.)

Plaintiff, a state prisoner proceeding pro se, filed a second amended civil rights

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complaint pursuant to 42 U.S.C. § 1983. On June 2, 2014, defendants filed a motion for

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summary judgment on the merits, and based on qualified immunity. On June 9, 2014,

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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.

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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 is hereby GRANTED. (Docket No. 100.)

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IT IS SO ORDERED.
DATED: 7/16/14
LUCY H. KOH
United States District Judge

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Order Granting Motion to Stay Discovery
P:\PRO-SE\LHK\CR.12\Treglia522staydisc.wpd