Apodaca et al v. Raemisch et al
MINUTE ORDER granting 19 Defendants' Motion to Stay Discovery Pending Resolution of Motion to Dismiss or Motion for Summary Judgment 19 . All Discovery is STAYED. The Court will not entertain Plaintiff's anticipated motion to compel discovery unless and until the stay is lifted. By Magistrate Judge Michael J. Watanabe on 9/2/2015.(emill)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00845-REB-MJW
JONATHAN APODACA, and
on behalf of themselves and all others similarly situated,
RICK RAEMISCH, Executive Director, Colorado Department of Corrections, in his
individual capacity, and
TRAVIS TRANI, Warden, Colorado State Penitentiary, in his individual capacity ,
Entered by Magistrate Judge Michael J. Watanabe
It is hereby ORDERED that Defendants’ Motion to Stay Discovery Pending
Resolution of Motion to Dismiss or Motion for Summary Judgment (Docket No. 19) is
GRANTED, for the following reasons.
The Court has reviewed Defendants’ Motion to Dismiss or Motion for Summary
Judgment (Docket No. 18) and finds that the qualified-immunity defense raised is at
least plausible. Further, although Plaintiffs cite Rome v. Romero, 225 F.R.D. 640, 643
(D. Colo. 2004), for the proposition that qualified immunity does not bar discovery
propounded before the defense is raised, that case is inapposite because (1) the
defendants in Rome did not raise the defense until several months after filing answers,
and roughly half-way through the period for discovery set forth in the scheduling order,
and (2) several of the moving defendants in Rome were not entitled to qualified
immunity in any event. Neither consideration applies here. Accordingly, it is hereby
Defendants’ Motion to Stay Discovery (Docket No. 19) is GRANTED;
All discovery is STAYED pending further order of the Court; and
The Court will not entertain Plaintiff’s anticipated motion to compel
discovery unless and until the stay is lifted.
Date: September 2, 2015
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