Opinion
CIVIL NO. 10-10758.
January 18, 2011
ORDER
Before the Court are Defendants' motion for protective order staying discovery [Doc. #38], and Plaintiff's motion to postpone ruling on dispositive motions and to compel discovery [Doc. #39].
Addressing first Plaintiff's requests, there is no reason to postpone ruling on dispositive motions by the various Defendants. As to Embarq Payphone Services, Inc. and Michael Hynes, I have file a Report and Recommendation to dismiss, because they are not state actors within the meaning of 42 U.S.C. § 1983, and issue of law that does not necessitate further discovery. Further, I have, contemporaneously with this order, filed a Report and Recommendation to grant in part and deny in part the State Defendants' motion to dismiss. I have recommended that Plaintiff survive the motion on Fourteenth Amendment Equal Protection grounds, as to injunctive relief regarding telephone calls to Colombia and Nicaragua. Again, I so recommended on issues of law. If that Report and Recommendation is accepted, discovery may continue on those issues.
For the same reasons, I will deny the Plaintiff's motion to compel discovery at this time.
Accordingly, Defendants' motion to stay discovery [Doc. #38] is GRANTED, and discovery will be stayed pending final disposition of all pending dispositive motions.
Plaintiff's motion to postpone ruling on dispositive motions and to compel discovery is DENIED.
SO ORDERED.
Date: January 18, 2011