Johnson v. Western State Colorado University et al

Filing 137

ORDER The Motion to Stay Doc. # 94 is GRANTED. All discovery is stayed pending a ruling on the defendants defenses of qualified and Eleventh Amendment immunity. The deadlines contained in the Scheduling Order are VACATED. The First Motion to Quas h Doc. # 100 is GRANTED; The Motion to Amend Doc. # 113 is GRANTED; Defendants Motion to Dismiss Doc. # 85 is DENIED as moot; The Motion to Hold In Abeyance Doc. # 114 is DENIED as moot; Goulds Motion to Restrict Doc. # 99 and Goulds Mot ion to File Under Restriction Doc. # 121 are GRANTED IN PART and DENIED IN PART; Goulds Motion to Quash Doc. # 131 is DENIED as moot; Goulds Motion to Restrict Doc. ## 111 and 112 Doc. # 124 is DENIED, and Plaintiffs Motion to Exceed Page Limit Doc. # 127 is GRANTED, by Magistrate Judge Boyd N. Boland on 5/15/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Boyd N. Boland
Civil Action No. 13-cv-02747-WJM-BNB
KEIFER JOHNSON,.
Plaintiff,
v.
WESTERN STATE COLORADO UNIVERSITY,
BRAD BACA, individually and in his official capacity as President of Western State Colorado
University,
GARY PIERSON, individually and in his official capacity as Vice President for Student Affairs
and Dean of Students,
SARA PHILLIPS, individually and in her official capacity as Title IX coordinator, and
CHRIS LUEKENGA, individually and in his official capacity as Associate Vice President for
Student Affairs,
Defendants.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This matter arises on the following:
(1)

Defendants’ Motion for Protective Order to Stay Discovery Pending

Determination of Eleventh Amendment and Qualified Immunities [Doc. # 94, filed
4/9/2014] (the “Motion to Stay”);
(2)

Non-party Goulds’ Motion to Quash Or, Alternatively, for a Protective Order

[Doc. # 100, filed 4/18/2014] (the “First Motion to Quash”);
(3)

Motion to File Third Amended Complaint [Doc. # 113, filed 4/234/2014] (the

“Motion to Amend”);
(4)

Plaintiff’s Unopposed Motion to Hold Defendants’ Motion to Dismiss In

Abeyance [Doc. # 114, filed 4/24/2014] (the “Motion to Hold In Abeyance”);

(5)

Non-party Goulds’ Motion to File Under Restriction [Doc. # 121, filed

5/1/2014];
(6)

Non-party Goulds’ Motion to Quash [Doc. # 131, filed 5/13/2014] (the “Second

Motion to Quash”);
(7)

Non-party Goulds’ Motion to Restrict [Doc. # 99, filed 4/18/2014];

(8)

Non-party Goulds’ Motion to Restrict Doc. ## 111 and 112 [Doc. # 124, filed

5/1/2014]; and
(9)

Plaintiff’s Motion to Exceed Page Limit [Doc. # 127, filed 5/8/2014].

Also pending is Defendants’ Motion to Dismiss [Doc. # 85, filed 3/24/2014].
I held a hearing on the motions today and made rulings on the record, which are
incorporated here.
IT IS ORDERED:
(1)

The Motion to Stay [Doc. # 94] is GRANTED. All discovery is stayed pending a

ruling on the defendants’ defenses of qualified and Eleventh Amendment immunity. The
deadlines contained in the Scheduling Order are VACATED. The plaintiff shall file a status
report within ten days after a ruling by the district judge on the issues of qualified and Eleventh
Amendment immunity notifying me of the ruling and addressing any pretrial matters which
should be scheduled.
(2)

The First Motion to Quash [Doc. # 100] is GRANTED. No discovery shall occur

pending a ruling on the defendants’ defenses of qualified and Eleventh Amendment immunity.
(3)

The Motion to Amend [Doc. # 113] is GRANTED. The Clerk of the Court is

directed to accept for filing the Third Amended Complaint [Doc. # 111-4]. The defendants shall

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answer or otherwise respond to the Third Amended Complaint on or before June 16, 2014.
(4)

In view of the filing of the Third Amended Complaint, Defendants’ Motion to

Dismiss [Doc. # 85] is DENIED as moot.
(5)

The Motion to Hold In Abeyance [Doc. # 114] is DENIED as moot.

(6)

Goulds’ Motion to Restrict [Doc. # 99] and Goulds’ Motion to File Under

Restriction [Doc. # 121] are GRANTED IN PART and DENIED IN PART, as follows:
•GRANTED with respect to the documents bearing Bates Nos. OG-100; OG-108
through 109; OG-111; and AG-31 through 43. These documents shall be RESTRICTED
LEVEL 1; and
•DENIED in all other restricts.
(7)

Goulds’ Motion to Quash [Doc. # 131] is DENIED as moot.

(8)

Goulds’ Motion to Restrict Doc. ## 111 and 112 [Doc. # 124] is DENIED.

(9)

Plaintiff’s Motion to Exceed Page Limit [Doc. # 127] is GRANTED.

Dated May 15, 2014.
BY THE COURT:
s/ Boyd N. Boland
United States Magistrate Judge

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