Opinion
Civil Action No. 08-cv-00794-EWN-MEH.
October 22, 2008
ORDER
Pending before the Court is Defendants' Unopposed Motion to Stay Discovery [filed October 20, 2008; doc #57]. On October 17, 2008, Defendants filed a Motion to Dismiss in which they raised, among other defenses, the defense of qualified immunity. Courts should resolve the purely legal question raised by a qualified immunity defense at the earliest possible stage in litigation. Albright v. Rodriguez, 51 F.3d 1531, 1534 (10th Cir. 1995); see also Medina v. Cram, 252 F.3d 1124, 1127-28 (10th Cir. 2001). For this reason, and because the motion is unopposed, Defendants' motion to stay discovery pending a ruling on their pending dispositive motion is granted.
The parties shall contact my Chambers within five (5) days after a final ruling on the pending Motion to Dismiss to set a Scheduling Conference, if necessary.