Estate of Bonner v. City of Aurora

Full title: ESTATE OF JAMAAL ALLEN BONNER, by Brenda Bonner and Bobby Bonner as…

Court: United States District Court, D. Colorado

Date published: Feb 21, 2006

Civil Action No. 05-cv-00537-WDM-MEH (D. Colo. Feb. 21, 2006)

Opinion

Civil Action No. 05-cv-00537-WDM-MEH.

February 21, 2006

ORDER ON PENDING NONDISPOSITIVE MOTIONS

MICHAEL HEGARTY, Magistrate Judge

Before the Court are Defendants' Motion to Stay Discovery Pending Resolution of a Motion to Dismiss Based on Qualified Immunity (Docket #28) and Plaintiff's Motion for Extension of Time to Designate Expert Witnesses (Docket #37). Pursuant to 28 U.S.C. § 636(b)(1)(A) and D.C. COLO. L.Civ.R 72.1, these matters have been referred to this Court for resolution.

I. Motion to Stay Discovery (Docket #28)

This is a case arising out of the death of Jamaal Allen Bonner on December 3, 2003. The Complaint allegations a violation of Bonner's civil rights by Defendants. Defendants have moved to stay discovery pending resolution of their motions for dismissal or partial dismissal (Docket ##4, 27) based on qualified immunity, among other grounds.

Although some of Plaintiffs' claims would remain even if the pending motions to dismiss are granted, the significance of the claims subject to the motions warrant a stay of discovery pending their resolution. The nature and scope of the case, and of any discovery required to bring the case to trial, would change so fundamentally if the motions are granted, that justice requires a resolution of the motions prior to discovery, particularly based on the Supreme Court's admonition to adjudicate motions for qualified immunity prior to engaging in fact discovery. E.g., Behrens v. Pelletier, 516 U.S. 299, 308 (1996). Therefore, Defendants' Motion to Stay Discovery is hereby granted.

II. Motion for Extension of Time to Designate Expert Witnesses (Doc. 37)

Because discovery is ordered stayed until the resolution of Defendants' Motions to Dismiss, Plaintiff's Motion for Extension is hereby denied as moot.

III. Further Proceedings

The parties are directed to submit a joint status report within fifteen (15) days after the resolution of Defendants' Motions to Dismiss, outlining all remaining claims and the discovery needed for these claims. The Court will enter appropriate orders concerning the remaining discovery proceedings at that time.

IV. Conclusion

Defendants' Motion to Stay Discovery Pending the Resolution of a Motion to Dismiss Based on Qualified Immunity (Doc. 28) is granted. Plaintiff's Motion for Extension of Time to Designate Expert Witnesses (Doc. 37) is denied as moot. The parties shall submit a joint status report presenting all remaining claims and the discovery necessary for these claims within fifteen (15) days after the resolution of Defendants' Motions to Dismiss.