Hull v. Shames

Full title: GREGORY M. HULL, Plaintiff, v. DR. CARY SHAMES, in his individual and…

Court: United States District Court, D. Colorado

Date published: Oct 10, 2007

Civil Action No. 06-cv-00818-WDM-BNB (D. Colo. Oct. 10, 2007)

Opinion

Civil Action No. 06-cv-00818-WDM-BNB.

October 10, 2007

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on Defendants' Motion to Stay and Vacate Final Pretrial Conference Pending Qualified Immunity Determination [Doc. #61, filed 10/8/07] (the "Motion"). The Motion is GRANTED.

On June 7, 2007, the defendants filed a motion for summary judgment wherein they assert the defense of qualified immunity [Doc. #51]. The plaintiff filed a response to the motion on July 5, 2007 [Doc. #55]. The defendants seek to stay all further proceedings in this case pending a determination of the qualified immunity issue.

"[Q]ualified immunity is not only a defense to liability but also to entitlement to immunity from suit and other demands of litigation." Workman v. Jordan, 958 F.2d 332, 336 (10^th Cir. 1992) (citations omitted). Accordingly,

IT IS ORDERED that the Motion is GRANTED. This case is STAYED pending resolution of the defendants' motion for summary judgment.