Flores v. City of Las Cruces ( 2019 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO OSBALDO FLORES, Plaintiff, v. 2:19-cv-426-GBW-KRS CITY OF LAS CRUCES, et al., Defendants. ORDER GRANTING STAY OF DISCOVERY PENDING RESOLUTION OF QUALIFIED IMMUNITY DEFENSE THIS MATTER comes before the Court upon Defendants’ Opposed Motion to Stay Discovery on the Basis of Qualified Immunity (Doc. 18). Having noted that Plaintiff withdrew his opposition to the requested stay, see Doc. 32, and having determined that the defense of qualified immunity “protects against the burdens of discovery as well as trial,” Stonecipher v. Valles, 759 F.3d 1134, 1148 (10th Cir. 2014), the Court hereby FINDS and CONCLUDES that Defendants’ motion is well-taken and should be granted. IT IS, THEREFORE, ORDERED that Defendants’ Motion to Stay Discovery on the Basis of Qualified Immunity (Doc. 18) is GRANTED and discovery is STAYED pending resolution of Defendants’ Motion for Qualified Immunity and Summary Judgment (Doc. 16). KEVIN R. SWEAZEA UNITED STATES MAGISTRATE JUDGE