Antelope v. Bureau of Prisons et al

Filing 167

MINUTE ORDER granting 165 Defendants' Motion to Stay Pending Ruling on Motion for Summary Judgment. The Final Pretrial Conference set for 12/1/2010 is vacated. The parties are directed to file a status report indicating what changes to the schedule are needed within five business days of an order on the pending motion. The Final Pretrial Conference scheduled for 12/1/2010 is VACATED. By Magistrate Judge Michael E. Hegarty on 11/23/2010. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00649-LTB-MEH DAVID EARL ANTELOPE, Plaintiff, v. DR. KELLAR, and UNITED STATES OF AMERICA, Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on November 23, 2010. Defendants' Motion to Stay Pending Ruling on Motion for Summary Judgment [filed November 19, 2010; docket #165] is granted. Defendant Keller raises qualified immunity in the pending motion for summary judgment. (See docket #159 at 8.) The Supreme Court established that evaluating the defense of qualified immunity is a threshold issue, and "[u]ntil this threshold immunity question is resolved, discovery should not be allowed." Siegert v. Gilley, 500 U.S. 226, 233 (1991) (citing Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)); Workman v. Jordan, 958 F.2d 332, 336 (10th Cir. 1992) (same); see also Behrens v. Pelletier, 516 U.S. 299, 308 & 310 (1996) (noting that discovery can be particularly disruptive when a dispositive motion regarding immunity is pending). Plaintiff's Eighth Amendment claim against both Defendants arises from the same facts, thus engaging in discovery regarding the United States would likely intrude on the protections against discovery in place for Defendant Keller. Accordingly, this matter is hereby stayed pending the Court's adjudication of Defendants' Motion for Summary Judgment. The parties are directed to file a status report indicating what changes to the schedule are needed within five business days of an order on the pending motion. The Final Pretrial Conference scheduled for December 1, 2010, is hereby vacated.