Opinion
Civil Action No. 07-cv-01459-WYD-KMT.
June 2, 2008
ORDER
This matter comes before the Court on Defendants' "Unopposed Motion to Stay Discovery and to Vacate Scheduling Conference" (#47 filed May 27, 2008). Both Defendants have filed motions to dismiss. Defendant Federal Postal Inspector Skafettie seeks dismissal on the grounds of sovereign immunity and qualified immunity. 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. The Scheduling Conference set for June 17, 2008 is VACATED. The deadlines for filing a proposed scheduling order and for service of Rule 26(a)(1) disclosures are VACATED. Defendants are ORDERED to file a status report within ten (10) days of ruling on the motions to dismiss to advise the court whether a scheduling conference should be set.