Opinion
Civil Action No. SA-05-CA-0218 FB (NN).
December 9, 2005
REVISED ORDER GRANTING IN PART SECOND MOTION FOR PROTECTIVE ORDER
The matter before the Court is defendants' second motion for a protective order (docket entry 35). The motion concerns depositions of school officials scheduled for December 12 and December 14 and requests that these depositions be quashed and all other discovery be abated pending ruling on the outstanding motions to dismiss based on qualified immunity and lack of jurisdiction.
The second motion for protective order was only filed on December 5 and the time for responding has not expired. Defendants did not specifically ask for expedited consideration of their motion. However, the motion concerns in part depositions scheduled for December 12 and 14. In light of the fact that a similar motion was considered only last week, the interests of justice warrant consideration of the motion without waiting the standard time for plaintiffs to file their response.
After considering the motion as well as the response to the earlier motion for a protective order, I will GRANT the motion insofar as it seeks a postponement of the December 12 and 14 depositions for the reasons provided in my Order of December 1 (docket entry 32).
However, insofar as the motion requests a stay of all discovery pending ruling on the pending dispositive motions, I will withhold ruling allowing plaintiffs their standard response time.
It is therefore ORDERED that the second motion for protective order is GRANTED in part, such that the depositions currently scheduled for December 12 and 14 are quashed pending rescheduling after the Court rules on the pending motions to dismiss; ruling is withheld on the remainder of the motion.