Webb et al v. Livingston et al
| Estate of Robert Allen Webb, Casey Akins, Kevin Webb, Edna Webb and Christan Carson |
| University of Texas Medical Branch, Texas Department of Criminal Justice, Tommie Haynes, Robert Eason, William Stephens, Brad Livingston, Owen Murray and Rick Thaler |
| 6:2013cv00711 |
| September 25, 2013 |
| U.S. District Court for the Eastern District of Texas |
| Tyler Office |
| XX US, Outside State |
| John D. Love |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
126
ORDER ADOPTING REPORT AND RECOMMENDATIONS. The Report and Recommendation 96 is ADOPTED. This Court's Order 85 issued 3-13-2014, is INCORPORATED HEREIN BY REFERENCE and is hereby MADE APPLICABLE to the Second Amended Complaint 83 ; to Defend ants Livingston, Thaler and Stephens' Motion to Dismiss the Second Amended Complaint 92 ; to Defendant Dr. Murray's Supplemental Motion to Dismiss 80 ; and all other proceedings subsequent to the filing of the Second Amended Complaint. T he issue of qualified immunity, as expressed in Defendants' respective Motions to Dismiss, are DEFERRED and CARRIED and discovery limited to the issue of qualified immunity shall proceed, with a determination on the issue of qualified immunity to be made upon completion of such discovery. Signed by Judge Michael H. Schneider on 05/05/14. (mll, )
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Filing
85
ORDER ADOPTING IN PART REPORT AND RECOMMENDATIONS for 57 Report and Recommendations, to the extent that discovery on the issue of qualified immunity, on a limited basis, shall proceed; and is REJECTED IN PART to the extent that it recommends den ying Defendant Livingston, Stephens and Thaler's Motion and Amended Motion to Dismiss on the Basis of Qualified Immunity 43 & 44 ; and Defendant Dr. Murray's Amended Motion to Dismiss Under Fed. R. Civ. P. 12(b)(6) 35 . Instead, the Mag istrate Judge is directed to DEFER and CARRY the issue of qualified immunity until it may be decided. Defendants Livingston, Stephens and Thaler's Opposed Motion to Stay and Objection to Plaintiff's Discovery 38 , Opposed Motion to Quash D eposition Notice/Subpoena Duces Tecum and Motion for Protective Order on the Basis of Qualified Immunity 50 , and Supplement to Pending Opposed Motion to Quash the Deposition of Brad Livingston and Stay Discovery 60 are GRANTED IN PART and DENIED IN PART. Deposition of Defendant Livingston is QUASHED without prejudice. Joint Motion to Extend Deadline to Complete Qualified Immunity Discovery and Qualified Immunity Dispositive Motion Deadline is GRANTED. ORDERED that the parties meet and confer on the issue of consolidation of heat-related cases pending before this District and file a joint recommendation in this case within seven days of the date of this ORDER. Signed by Judge Michael H. Schneider on 3/14/14. (mjc, )
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