Opinion
Civil Action No. 3:04-CV-1084-G.
October 27, 2004
MEMORANDUM ORDER
This court's October 8, 2004 order on the defendants' joint motion for protective order to stay discovery is modified to read as follows:
It is ORDERED that discovery in this matter related to the plaintiffs' claims against defendants Charles Fincher and Brad Gannon is stayed pending ths court's resolution of defendant Charles Fincher's Rule 12(b)(6) motion to dismiss, or in the alternative, Rule 56 motion for summary judgment. Discovery related to the plaintiff's claims against defendants Fincher and Gannon shall be further stayed until this court's resolution of the forthcoming motion to dismiss, or motion for summary judgment, to be filed by defendant Brad Gannon. The court may direct narrowly tailored discovery regarding the qualified immunity of the officers if, during its determination of the officers' motions, the court finds that it needs further clarification of the facts surrounding the immunity claims.
During the October 26, 2004 status conference, the court was notified by counsel for defendant Brad Gannon that a motion to dismiss or motion for summary judgment will soon be filed. If such a motion is not filed in a timely manner, per the court's discussion with counsel for Officer Gannon during the status conference, the stay of discovery will be lifted.
It is further ORDERED that discovery may commence with regard to the claims made by the plaintiffs against defendants City of Corsicana and Navarro County.
It is further ORDERED that all issues regarding the scope of discovery related to the plaintiffs' claims against the City of Corsicana and Navarro County are hereby referred to Magistrate Judge Jeff Kaplan.