Andrews et al v. Layman et al
Filing
56
ORDER granting 50 MOTION to Stay Discovery by Defendant USA. Discovery is stayed pending ruling on the motions to dismiss by Magistrate Judge Kathleen M. Tafoya on 9/15/09.(kmtcd)
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Kathleen M. Tafoya Civil Action No. 09cv00249PABKMT ANDREA P. ANDREWS and BYRON K. ANDREWS, Plaintiffs, v. UNITED STATES OF AMERICA, Defendant. ORDER
This matter comes before the Court on Defendant's "Motion to Stay Discovery" (Doc. No. 50, filed August 28, 2009). Defendant has filed a motion to dismiss on the grounds of sovereign immunity and for failure to state a claim. The Supreme Court has recognized that where a defense of qualified immunity is raised, "[u]ntil [the] threshold immunity question is resolved, discovery should not be allowed." Siegert v. Gilley, 500 U.S. 226, 231 (1991).
Therefore, Defendant's motion (#47) is GRANTED. Discovery is stayed pending ruling on the motions to dismiss. Dated this 15th day of September, 2009. BY THE COURT:
Kathleen M. Tafoya United States Magistrate Judge
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
