United States District Court, D. Kansas
KEIFLAN B. KELLEY, Plaintiff,
TRAVIS WRIGHT, et al., Defendants.
P. O'Hara, U.S. Magistrate Judge.
B. Kelley, proceeding pro se, brings this action against
Atchison County Sheriff Jack Laurie, Travis Wright,
Atchison County Jail, and Atchison County, Kansas asserting
claims arising out of his incarceration in the Atchison
County Jail on February 21, 2019. A liberal reading of
Kelley’s complaint suggests he is claiming a violation
of his rights under the Fourth Amendment regarding the use of
excessive force and a violation of his rights under the
Eighth Amendment concerning conditions of his incarceration.
Defendants have filed a motion to stay discovery (ECF No. 9)
pending a ruling on their motion for judgment on the
pleadings (ECF No. 7). Plaintiff has not filed a response to
the motion to stay discovery, and the time for doing so under
D. Kan. R. 6.1(d) has run. The motion is granted.
Rule 7.4 provides: “If a responsive brief or memorandum
is not filed within the Rule 6.1(d) time requirements, the
court will consider and decided the motion as an uncontested
motion. Ordinarily, the court will grant the motion without
further notice.” Although the court could grant the
motion solely on the ground that it is unopposed, the court
will briefly address the merits of the motion.
long been the general policy in the District of Kansas not to
stay discovery even if a dispositive motion is
pending. But four exceptions to this policy are
recognized. A discovery stay may be appropriate if: (1) the
case is likely to be finally concluded via the dispositive
motion; (2) the facts sought through discovery would not
affect the resolution of the dispositive motion; (3)
discovery on all issues posed by the complaint would be
wasteful and burdensome; or (4) the dispositive motion raises
issues as to a defendant’s immunity from
suit. The decision whether to stay discovery
rests in the sound discretion of the district
court. As a practical matter, this calls for a
court has reviewed the record, the instant motion, and the
pending dispositive motion. The court concludes that a brief
stay of all pretrial proceedings-including discovery and the
scheduling of deadlines-is warranted until the court resolves
defendants’ dispositive motion. The individual
defendants assert qualified and Eleventh Amendment immunity
in the motion for judgment on the pleadings. Defendants are
generally entitled to have questions of immunity resolved
before being required to engage in discovery and other
pretrial proceedings. “One of the purposes of immunity,
absolute or qualified, is to spare a defendant not only
unwarranted liability, but unwarranted demands customarily
imposed upon those defending a long drawn out
lawsuit.” The Supreme Court has made it clear that
until the threshold question of immunity is resolved,
discovery should not be allowed. In addition, the court finds
that a ruling on the dispositive motion could narrow or
terminate this case, making discovery at this point wasteful
consideration of the foregoing, and upon good cause shown, IT
IS HEREBY ORDERED:
motion to stay is granted.
pretrial proceedings in this case, including discovery, are
stayed until further order of the court.
Within 14 days of the ruling on the pending motion for
judgment on the pleadings, the pro se plaintiff and counsel
for any party remaining in the case shall confer and submit a
Rule 26(f) planning-meeting report to the undersigned’s
Clerk of Court is directed to mail copies of this order to
the pro se plaintiff at both his address of record and at 930
S. 7th, Atchison, KS 66002. Dated September 27, 2019, at
Kansas City, Kansas.
 It is unclear to the court who Travis
Wright is or what role plaintiff alleges he played in the
facts underlying this lawsuit.
 Plaintiff is no longer in the custody
of the Atchison County Jail, which is listed as his address
of record on the court’s docket. Although plaintiff has
violated D. Kan. Rule 5.1(c)(3) by failing to update his
contact information on the docket, defense counsel has
certified that he served a copy of the motion on plaintiff at
both the jail and at plaintiff’s suspected address, 930
S. 7th, Atchison, KS 66002. ECF No. 11. Thus, as both ...