Reali v. Board of County Commissioners for the County of Dona Ana

D. New Mexico

Reali v. Board of County Commissioners for the County of Dona Ana

District Court, D. New Mexico·Decided May 1, 2020·No. 2:19-cv-00603·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

ANTONIO REALI,

Plaintiff,

v. Cause No. 2:19-cv-00603-MV-SMV

BOARD OF COUNTY COMISSIONERS FOR THE COUNTY OF DOÑA ANA, CORIZON HEALTH, INC., CHRISTOPHER BARELA, VERONICA SALAZAR, DAVID MILLER, ROSLYN STROHM, KEVIN SILVA, and CHAD HILL,

Defendants.

ORDER GRANTING STAY OF DISCOVERY PENDING RESOLUTION OF QUALIFIED IMMUNITY DEFENSE

This matter comes before the Court upon Defendants’ Board of County Commissioners for the County of Doña Ana County, Christopher Barela, Kevin Silva, and Chad Hill Unopposed Motion to Stay Discovery Pending Ruling on Qualified Immunity (Doc. 53)(“County Defendants’ Motion”). Having noted that Plaintiff, Corizon Health Inc., Veronica Salazar, David Miller and Roslyn Strohm do not oppose the requested stay. The Court having determined that the defense of qualified immunity “protects against the burdens of discovery as well as trial,” See Stonecipher v. Valles, 759 F.3d 1134, 1148 (10th Cir. 2014), the Court hereby finds and concludes that the County Defendants’ Motion is well taken and should be granted. IT IS THEREFORE ORDERED that the County Defendants’ Unopposed Motion to Stay Discovery Pending Ruling on Qualified Immunity (Doc. 53) is GRANTED and discovery is STAYED pending resolution of the Defendants’ Board of County Commissioners for the County of Dofia Ana, Christopher Barela, Kevin Silva, and Chad Hill Motion for Summary Judgment on the Basis of Qualified Immunity (Doc. 51).

AIL HONORABLE JUDGE STEPHAN M. VIDMAR United States Magistrate Judge

Respectfully submitted, MYNATT MARTINEZ SPRINGER P.C.

/s/_ Damian L. Martinez DAMIAN L. MARTINEZ New Mexico Bar No. 14678 HALEY R. GRANT New Mexico Bar No. 145671 P.O. Box 2699 Las Cruces, NM 88004 (575) 524-8812-Phone (575) 524-0726-Fax dim@mmslawpc.com hrg@mmslawpc.com Attorneys for Defendants Approved: COYTE LAW, PC

Electronically Approved 04-29-2020 MATTHEW COYTE ALYSSA D. QUIJANO 3800 Osuna Road NE Albuquerque, NM 87109 mcoyte@me.com aquijano@coytelaw.com Attorneys for Plaintiff

ORDER GRANTING UNOPPOSED MOTION TO STAY ON THE BASIS OF QUALIFIED IMMUNITY

SCOTT HULSE PC

Electronically Approved 04-29-2020 HENRY J. PAOLI One San Jacinto Plaza 201 E. Main Dr., Suite 1100 El Paso, TX 79901 hpao@scotthulse.com Attorneys for Corizon Defendants

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

ANTONIO REALI,

Plaintiff,

v. Cause No. 2:19-cv-00603-MV-SMV

BOARD OF COUNTY COMISSIONERS FOR THE COUNTY OF DOÑA ANA, CORIZON HEALTH, INC., CHRISTOPHER BARELA, VERONICA SALAZAR, DAVID MILLER, ROSLYN STROHM, KEVIN SILVA, and CHAD HILL,

Defendants.

ORDER GRANTING STAY OF DISCOVERY PENDING RESOLUTION OF QUALIFIED IMMUNITY DEFENSE

This matter comes before the Court upon Defendants’ Board of County Commissioners for the County of Doña Ana County, Christopher Barela, Kevin Silva, and Chad Hill Unopposed Motion to Stay Discovery Pending Ruling on Qualified Immunity (Doc. 53)(“County Defendants’ Motion”). Having noted that Plaintiff, Corizon Health Inc., Veronica Salazar, David Miller and Roslyn Strohm do not oppose the requested stay. The Court having determined that the defense of qualified immunity “protects against the burdens of discovery as well as trial,” See Stonecipher v. Valles, 759 F.3d 1134, 1148 (10th Cir. 2014), the Court hereby finds and concludes that the County Defendants’ Motion is well taken and should be granted. IT IS THEREFORE ORDERED that the County Defendants’ Unopposed Motion to Stay Discovery Pending Ruling on Qualified Immunity (Doc. 53) is GRANTED and discovery is STAYED pending resolution of the Defendants’ Board of County Commissioners for the County of Dofia Ana, Christopher Barela, Kevin Silva, and Chad Hill Motion for Summary Judgment on the Basis of Qualified Immunity (Doc. 51).

AIL HONORABLE JUDGE STEPHAN M. VIDMAR United States Magistrate Judge

Respectfully submitted, MYNATT MARTINEZ SPRINGER P.C.

/s/_ Damian L. Martinez DAMIAN L. MARTINEZ New Mexico Bar No. 14678 HALEY R. GRANT New Mexico Bar No. 145671 P.O. Box 2699 Las Cruces, NM 88004 (575) 524-8812-Phone (575) 524-0726-Fax dim@mmslawpc.com hrg@mmslawpc.com Attorneys for Defendants Approved: COYTE LAW, PC

Electronically Approved 04-29-2020 MATTHEW COYTE ALYSSA D. QUIJANO 3800 Osuna Road NE Albuquerque, NM 87109 mcoyte@me.com aquijano@coytelaw.com Attorneys for Plaintiff

ORDER GRANTING UNOPPOSED MOTION TO STAY ON THE BASIS OF QUALIFIED IMMUNITY

SCOTT HULSE PC

Electronically Approved 04-29-2020 HENRY J. PAOLI One San Jacinto Plaza 201 E. Main Dr., Suite 1100 El Paso, TX 79901 hpao@scotthulse.com Attorneys for Corizon Defendants

Reali v. Board of County Commissioners for the County of Dona Ana, (D.N.M. 2020).

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