Opinion
Civil Action No. 09-cv-00249-PAB-KMT.
September 15, 2009
ORDER
This matter comes before the Court on Defendant's "Motion to Stay Discovery" (Doc. No. 50, filed August 28, 2009). Defendant has filed a motion to dismiss on the grounds of sovereign immunity and for failure to state a claim. The Supreme Court has recognized that where a defense of qualified immunity is raised, "[u]ntil [the] threshold immunity question is resolved, discovery should not be allowed." Siegert v. Gilley, 500 U.S. 226, 231 (1991).
Therefore, Defendant's motion (#47) is GRANTED. Discovery is stayed pending ruling on the motions to dismiss.