Haskett v. Flanders et al

Filing 45

MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/7/14 Denying without prejudice Opposed Motion for Protective Order 43 .(lgale)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03392-RBJ-KLM
PHILLIP DAVID HASKETT,
Plaintiff,
v.
GARY WOODROW FLANDERS,
DOMINICK LUNA, Colorado Springs Police Department Officer, in his individual and official
capacities, and
THE COLORADO SPRINGS POLICE DEPARTMENT, a Department of the City of
Colorado Springs, Colorado,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Defendants Dominick Luna and the Colorado
Springs Police Department’s Opposed Motion for Protective Order [#43] (the “Motion”).
In the Motion, these Defendants seek an order staying all discovery until resolution of their
pending Motion to Dismiss [#37]. However, the Motion is premature, as a Scheduling
Conference has not yet been set in this matter and the Court has not been informed that
a Rule 26(f)(1) conference, which triggers the time for making initial disclosures and the
time for commencement of discovery, has been held. 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 [#43] is DENIED without prejudice.

Dated: May 7, 2014