Corona v. City of Clovis et al

Filing 47

ORDER granting 44 Motion to Stay Scheduling Order Deadlines and to Vacate Settlement Conference by Chief Magistrate Judge Carmen E. Garza. The August 21, 2018, status conference, and August 28, 2018, settlement conference are hereby vacated. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JORGE RAY CORONA,
Plaintiff,
v.

CV No. 17-805 MCA/CG

CITY OF CLOVIS, et al.,
Defendants.
ORDER GRANTING MOTION TO STAY PROCEEDINGS
AND TO VACATE SETTLEMENT CONFERENCE
THIS MATTER is before the Court on Defendants’ Expedited Motion to Stay
Proceedings and to Vacate Settlement Conference, (Doc. 44), filed August 3, 2018.
Plaintiff filed a response to the motion on August 6, 2018, (Doc. 46). In the motion,
Defendants ask the Court to stay the scheduling order deadlines in this case and vacate
the August 28, 2018, settlement conference, pending resolution of their motion for
summary judgment based on qualified immunity, (Doc. 41), and motion for judgment on
the pleadings, (Doc. 43). (Doc. 44 at 1, 5). In response to the motion, Plaintiff states that
he “consents to Defendant’s request for a stay of proceedings and vacating of the
settlement conference until such time as the issue of whether the Defendants are
entitled to qualified immunity is resolved.” (Doc. 46 at 1-2).
Once a motion to dismiss or for summary judgment based on qualified immunity
is filed, Defendants are entitled to a stay of discovery. Jiron v. City of Lakewood, 392
F.3d 410, 414 (10th Cir. 2004); Workman, et al. v. Jordan, et al., 958 F. 2d 332, 336
(10th Cir. 1992) (“[W]e reiterate that qualified immunity is not only a defense to liability
but also entitlement to immunity from suit and other demands of litigation”). Therefore,
the Court finds that Defendants are entitled to a stay of the scheduling order deadlines

in this case pending a ruling on their motion for summary judgment based on qualified
immunity. The Court further finds that the August 28, 2018, settlement conference, and
all associated deadlines, shall be vacated pursuant to the parties’ request.
IT IS THEREFORE ORDERED that Defendants’ Expedited Motion to Stay
Proceedings and to Vacate Settlement Conference, (Doc. 44), is GRANTED.
IT IS FURTHER ORDERED that the telephonic status conference set for August
21, 2018, and the settlement conference set for August 28, 2018, are hereby
VACATED.
IT IS SO ORDERED.

_________________________________
THE HONORABLE CARMEN E. GARZA
CHIEF UNITED STATES MAGISTRATE JUDGE

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