Ybarra v. Lubbock Police Dept #1 Officer et al

Filing 54

Order Accepting and Adopting 46 Report and Recommendation on re: 1 Complaint filed by Adolfo Ybarra, Jr. Before entering a scheduling order in this case, the court will first determine whether Defendants are entitled to the defense of quali fied immunity. It is ordered that within forty-five (45) days of the date of this order, Defendants Justin Criner and Joel Goolsby will file a motion for summary judgment relating to the issue of qualified immunity. Plaintiff's reply, if any, shall be filed within thirty (30) days from the date shown on Defendants' certificate of service. It is further ordered that any discovery pertaining to claims against Defendants Justin Criner and Joel Goolsby, not related to the issue of qual ified immunity, is STAYED until the issue of qualified immunity has been decided by the Court, at which time the stay will be automatically lifted without further order. It is further ordered that the style of the instant case shall henceforth be changed to Adolfo Ybarra, Jr. v. Justin Criner, et al. (Ordered by Senior Judge Sam R Cummings on 1/6/2017) (bdg)

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