Schudel et al v. Miller et al

Filing 65

MINUTE ORDER denying without prejudice 23 Motion to Stay Discovery. By Magistrate Judge Kristen L. Mix on 1/29/13. (kfinn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01864-REB-KLM
JEFFREY SCHUDEL,
Plaintiff,
v.
LA SALLE POLICE OFFICER DAVID MILLER, in his individual and official capacities,
LA SALLE POLICE OFFICE VICTOR ERAZO, in his individual and official capacities, and
DALE PARRISH, ESQ.,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants David Miller and Victor Erazo’s (the
“LaSalle Defendants”) Motion to Stay Discovery [Docket No. 23; Filed October 5, 2012]
(the “Motion”). The Motion seeks a stay of all discovery, including Fed. R. Civ. P. 26
disclosures, as well as discovery and expert disclosure deadlines. Motion [#23] at 3. The
Motion is incomplete and premature, as the LaSalle Defendants have not moved to
continue the Rule 26(f)(1) conference which triggers the time for making initial disclosures
and the time for commencement of discovery. Until the Rule 26(f)(1) conference is held,
there is no deadline to make disclosures and no party is permitted to conduct discovery.
See Fed. R. Civ. P. 26(a)(1)(C) and (d). Accordingly,
IT IS HEREBY ORDERED that the Motion [#23] is DENIED without prejudice.
Dated: January 29, 2013