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Sulfridge v. Huff

May 3, 2007

CANDICE RANA SULFRIDGE, PLAINTIFF,
v.
JOHN HUFF, ET AL., DEFENDANTS.
ADAM TRAVIS DAVIS, PLAINTIFF,
v.
JOHN HUFF, ET AL., DEFENDANTS.



The opinion of the court was delivered by: H. Bruce Guyton United States Magistrate Judge

MEMORANDUM AND ORDER

This matter is before the undersigned pursuant to 28 U.S.C. § 636(b), the Rules of this Court, and by Order [Doc. 176] of the Honorable Thomas W. Phillips, United States District Judge, for disposition of defendant John Huff's Motion to Quash [Doc. 174] and Motion for Protective Order [Doc. 175].

The defendant John Huff moves to quash the plaintiffs' First Set of Interrogatories, Notice of Depositions, and Request for Production of Documents propounded in this case. [Doc. 174]. The defendant further moves for a protective order from any further oral or written discovery until the motion for summary judgment based on qualified immunity is heard. [Doc. 175].

The plaintiff failed to file a response to the defendant's motion within the time period required by E.D.TN. LR 7.1(a). "Failure to respond to a motion may be deemed a waiver of any opposition to the relief sought." E.D.TN. LR 7.2.

"Qualified immunity is 'an entitlement not to stand trial or face the other burdens of litigation.'" Saucier v. Katz, 533 U.S. 194, 200 (2001) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 (1985)). As the Supreme Court has noted, one of the purposes of the defense of qualified immunity "is to protect public officials from broad-ranging discovery that can be peculiarly disruptive of effective government." Anderson v. Creighton, 483 U.S. 635, 646 n.6 (1987) (internal quotation marks omitted). Accordingly, until the threshold issue of qualified immunity is resolved, "discovery should not be allowed." Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982); see also English v. Dyke, 23 F.3d 1086, 1089 (6th Cir. 1994) ("While the issue [of qualified immunity] is before the trial court or the case is on appeal, the trial court should stay discovery.").*fn1 Accordingly, for good cause shown, the defendant John Huff's Motion to Quash [Doc. 174] and Motion for Protective Order [Doc. 175] are GRANTED. Discovery in this case is hereby STAYED pending the resolution of the qualified immunity issue by the District Court.

IT IS SO ...


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