Rabidue v. Sicotte et al

Filing 31

MINUTE ORDER granting 30 Defendants Motion to Stay Discovery, as set forth in the order. Beyond the limited purpose of facilitating service of process, all discovery and other proceedings are hereby STAYED. Scheduling Conference 4/7/2015 09:00 AM is vacated. Show Cause Hearing 4/7/2015 09:00 AM is vacated; Show Cause Hearing reset for 6/9/2015 10:00 AM in Courtroom A 502 before Magistrate Judge Michael J. Watanabe. By Magistrate Judge Michael J. Watanabe on 4/6/2015.(emill)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 14-cv-02403-MJW AARON S. RABIDUE, Plaintiff, v. TRUDY SICOTTE, NICOLE BLATNICK, TINA ROSLER, ALVIN MASSENBURG, CHIEF MEDICAL OFFICER MARTINEZ, JENNIFER NOVATNY, MAJOR LONG, WARDEN FALK, HONG DANG, and DEPUTY DIRECTOR OF PRISONS JOHN DOE, Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that Defendants’ Motion to Stay Discovery (Docket No. 30) is GRANTED with the following caveat. Defendants are entitled to a stay of proceedings while the Court resolves the qualified immunity issue raised in Defendants’ motion to dismiss (Docket No. 27). Anderson v. Creighton, 483 U.S. 635, 646 n.6 (1987). However, certain limited amounts of discovery can be appropriate, on a case-by-case basis. Id. Here, the Court notes that Plaintiff has apparently served interrogatories designed to facilitate service on the remaining un-served defendants. (Docket No. 28 ¶ 3.) If no response has yet been provided, Defendants are hereby ordered (1) to provide a sufficient response to Plaintiff’s interrogatories to allow Plaintiff to effect service on Defendants Sicotte and Martinez or (2) in the alternative, to procure authorization to accept service on Defendants Sicotte’s and Martinez’s behalf. Defendants shall comply with this order on or before April 20, 2015. Beyond the limited purpose of facilitating service of process, all discovery and other proceedings are hereby STAYED. It is further ORDERED that: • The Scheduling Conference set for April 7, 2015, at 9:00 a.m. is VACATED, to be re-set at a later date if necessary; and • The Show Cause Hearing set for April 7, 2015, at 9:00 a.m. is VACATED and RE-SET for June 9, 2015, at 10:00 a.m. Date: April 6, 2015

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