Linson v. Klimek et al

Filing 23

ORDER granting 20 Motion to Stay Discovery. Signed by U.S. District Judge Roberto A. Lange on 4/26/2017. (JLS)

UNITED STATES DISTRICT COURT

filed

DISTRICT OF SOUTH DAKOTA

26 2017

SOUTHERN DIVISION
CIERK

TODD D. LINSON,

4:16-CV-04167-RAL

Plaintiff,
ORDER GRANTING MOTION

vs.

TO STAY DISCOVERY

JOSH KLIMEK, TAMMY DEJONG,
Defendants.

Plaintiff Todd D. Linson ("Linson") filed a pro se civil rights lawsuit
pursuant to 42 U.S.C. § 1983. Doc. 1. This Court screened Linson's complaint,

directed service of his complaint, and requested that the parties file proposed
scheduling orders. Doc. 5; Doc 15. Defendants now move to stay discovery
until the court determines the issue of qualified immunity. Doc. 20.
Pursuant to Rule 26(c), "the court has discretion to stay discovery on

other issues until the critical issue has been decided." 8A Charles Alan Wright,
Arthur R. Miller, and Richard L. Marcus, Federal Practice and Procedure

§ 2040(3d ed.); Steinbuch v. Cutler, 518 F.3d 580, 588 (8th Cir. 2008)(citi,ng
Lakin v. Prudential Sec., Inc., 348 F.3d 704, 713 (8th Cir. 2003)); see also
Maune v. Int'lBhd. ofElec. Workers, 83 F.3d 959, 963 (8th Cir. 1996)
(upholding the district court's granting of a party's request to stay discovery).
Because the qualified immunity issue may be dispositive, the court grants
defendants' motion to stay discovery. ^

Linson argues that the court should not grant the motion. He argues
that defendants are merely trying to stall the litigation by moving for a
protective order because they are not entitled to qualified immunity. Although

defendants could have responded to this Court's order or moved for a stay of
discovery in a more timely manner, whether defendants are entitled to

qualified immunity is unclear at this point. Linson also argues that this Court

denied defendants' defense of qualified immunity, but this is not correct.
Accordingly, it is ORDERED,

1. Defendants' motion for protective order (Docket 20) is granted.
Discovery will be stayed until the court determines the issue of

qualified immunity. If summary judgment is denied, the stay on
discovery will be lifted.

2. Defendants shall file their motion for summary judgment by May 25,
2017.

Dated Eebruary j^, 2017.
BY THE COURT:

CL.
ROBERTO A. LANGE
UNITED STATES DISTRICT JUDGE