Beaton v. Allen Park, City of et al

Filing 36

ORDER granting 22 Motion for Protective Order. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MALCOLM BEATON,
Plaintiff,

Civil Action No.
14-CV-13590

vs.
Honorable Patrick J. Duggan
CITY OF ALLEN PARK, et al.,
Defendants.
_____________________________/
ORDER GRANTING DEFENDANT JOYCE PARKER’S MOTION FOR
PROTECTIVE ORDER STAYING DISCOVERY
This is a First Amendment retaliation case. Plaintiff Malcolm Beaton is
suing (1) the City of Allen Park, (2) its mayor, William Matakas, and (3) its
emergency manager, Joyce Parker. There are two dispositive defense motions
presently pending: a motion to dismiss, filed by Defendant Parker on December
23, 2014, and a motion for summary judgment, filed by Defendants City of Allen
Park and Matakas on January 7, 2015. Both motions are fully briefed.
In addition, Defendant Parker filed a motion for protective order on
December 23, 2014, urging the Court to stay discovery in this case pending the
resolution of the two presently-pending dispositive motions. Plaintiff opposes a
stay of discovery. The Court has reviewed the briefs submitted by the parties and
concludes that a stay of discovery pending resolution of the two presently-pending

defense motions is appropriate, especially because Defendant Parker asserts in her
motion to dismiss that she is entitled to qualified immunity. See Hahn v. Star
Bank, 190 F.3d 708, 719 (6th Cir. 1999) (“Trial courts have broad discretion and
inherent power to stay discovery until preliminary questions that may dispose of
the case are determined.”); Criss v. City of Kent, 867 F.2d 259, 261 (6th Cir. 1988)
(“[D]iscovery in litigation against government officials should be halted until the
threshold question of immunity is resolved.”). Accordingly, Defendant Parker’s
motion for protective order is GRANTED and discovery is STAYED until further
order of the Court.
SO ORDERED.

Dated: February 20, 2015

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Raymond Guzall , III, Esq.
Audrey J. Forbush, Esq.
Denise C. Barton, Esq.
Erik A. Grill, Esq.

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