Today, the 11th Circuit issued an interesting decision addressing the question of when an order is final for purposes of appeal in a case where Qualified Immunity is pled as a defense. The Plaintiff sued and in pleadings confused the case considerably by conceding that certain claims were meritless. The lower court allowed the Plaintiff to file a 2nd amended complaint but also ordered the parties to develop a discovery plan under Rule 26f and to file a 26f report. The 11th Circuit concluded that the orders requiring the defense to comply with 26f was inconsistent with their defense of qualified immunity, allowed the appeal, vacated the orders and remanded the case for filing of the 2nd amended complaint. Or, at least that's my quick take on it. http://media.ca11.uscourts.gov/opinions/pub/files/201611453.pdf Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 51 Monroe Street Suite 404 Rockville, Maryland 20850 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA's Annual Conference October 14- October 18, 2017 - Niagara, Ontario, Canada (Passport required) IMLA's Annual Seminar and Section 1983 Defense Conference - April 20- April 23, 2018 Washington, DC