Shelton v. Berkebile et al

Filing 38

MINUTE ORDER denying 36 Defendants' Motion to Vacate Scheduling Conference. Scheduling Conference remains set 11/6/2014 10:00 AM. Deadline to file proposed Scheduling Order 11/3/2014. By Magistrate Judge Michael J. Watanabe on 10/29/2014.(emill)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-01441-WJM-MJW ARNELL SHELTON, Plaintiff, v. D. BERKEBILE, FCC Warden and JENNIFER COULTER, Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Defendants’ Motion to Vacate Scheduling Conference (Docket No. 36) is DENIED. The Scheduling Conference remains set for November 6, 2014, at 10:00 a.m. Defendants shall have up to and including November 3, 2014, to file a proposed scheduling order. Defendants correctly point out that, where the doctrine of qualified immunity applies as a defense, a stay of discovery is ordinarily appropriate pending resolution of that claimed defense. Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). But the defense of qualified immunity applies only to suits for monetary damages and suits against persons in their individual capacities; in suits for injunctive or declaratory relief, and officialcapacity suits, a stay of discovery is inappropriate because qualified immunity has no relevance. Rome v. Romero, 225 F.R.D. 640 (D. Colo. 2004). Here, the Amended Complaint does not identify whether its claims are sought against Defendants in their individual capacities or their official––but either way, it seeks only injunctive relief. Accordingly, the defense of qualified immunity appears inapplicable. Date: October 29, 2014

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