Jones v. United States Of America ( 2019 )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 19-20852-CIV-MORENO JOHN MARK JONES, Plaintiff, vs. UNITED STATES OF AMERICA, SPECIAL AGENT LUIS ARIAS, and SPECIAL AGENT JASON SCELSA a/k/a JASON WILSON, Defendants. eee ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION TO STAY DISCOVERY AND PRETRIAL DEADLINES THIS CAUSE came before the Court upon the Defendants’ Unopposed Motion to Stay Discovery and Pretrial Deadlines (D.E. 29), filed on December 13, 2019. THE COURT has considered the motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ADJUDGED that the motion is GRANTED. Not only does the Plaintiff not oppose the Defendants’ request to stay discovery and the obligations imposed by Federal Rules of Civil Procedure 16 and 26 pending a ruling on the motion to dismiss, but additionally, “facial challenges to a complaint on the basis of qualified immunity should be ‘resolved before discovery begins.’” Weissman v. Nat’l Ass'n of Sec. Dealers, Inc., 03-61107-CIV, 2008 WL 11400772, at *1 (S.D. Fla. Jan. 14, 2008) (staying discovery pending a ruling on a motion to dismiss that raised qualified immunity) (quoting Chudasama v. Mazda Motor Corp., 123 F.3d 1353, 1367 (11th Cir. 1997)); see also Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982) (“Until this threshold immunity question is resolved, discovery should not be allowed.”). DONE AND ORDERED in Chambers at Miami, Florida, this L.: G of December 2019. aEDRKG ca MORENO UNITED STATES DISTRICT JUDGE Copies furnished to: Counsel of Record