Sid Arismendez v. Coastal Bend College

Opinion

□ Southern District of Texas ENTERED UNITED STATES DISTRICT COURT May 07, 2020 SOUTHERN DISTRICT OF TEXAS David J. Bradley, Clerk CORPUS CHRISTI DIVISION SID ARISMENDEZ, § § Plaintiff, § VS. § CIVIL ACTION NO. 2:19-CV-312 § JENNIFER LYNN ARISMENDEZ, et al, § § Defendants. § ORDER REQUIRING REPLY In her Answer (D.E. 11), Defendant Jennifer Arismendez requested that Plaintiff be ordered to file a reply to her affirmative defense of qualified immunity. D-.E. 11, p. 8. She has since taken the position that no discovery should take place until after that reply is filed. While the matter should have been brought to the parties’ and the Court’s attention by way of a separate motion for timely disposition, the Court is empowered to order a reply on its own motion. See Fed. R. Civ. P. 7(b); Schultea v. Wood, 47 F.3d 1427, 1433 (5th Cir. 1995). The Court thus ORDERS Plaintiff to reply to the qualified immunity defense in detail. “By definition, the reply must be tailored to the assertion of qualified immunity and fairly engage its allegations.” /d. Plaintiff's reply pleading must be filed on or before May 21, 2020. ORDERED this 7th day of May, 2020. Jbl GONZALES RAMOS UNITED STATES DISTRICT JUDGE

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