Anderson v. Board of Regents of the State of Georgia et al, No. 1:2004cv03135 - Document 55 (N.D. Ga. 2010)

Court Description: ORDER AND OPINION granting 43 Motion to Stay discovery pending the resolution of the qualified immunity issue on summary judgment; granting in part and denying in part 44 Motion to Dismiss. The Court GRANTS defendants' motion to dismiss pla intiff's claim for money damages against the BOR. Defendants' motion to dismiss plaintiff's claims for monetary relief against the individual defendants in their official capacities is thus also GRANTED. The Court DENIES defendants 9; motion to dismiss plaintiff's claims against the BOR for declaratory relief. Defendants are directed to file a motion for summary judgment on the qualified immunity issue by MONDAY, MARCH 15, 2010. In the brief supporting their motion, defend ants should thoroughly discuss the issues identified above. In conjunction with their summary judgment brief, defendants may also re-brief the Eleventh Amendment waiver issue. Plaintiff should file a response, and defendants a reply, in accordance with the time limits provided for in the local rules. (See Complete Order for Other Specifics). Signed by Judge Julie E. Carnes on 02/02/10. (fap)