BATON ROUGE (LN) — A federal magistrate judge on Friday granted a motion to stay discovery in a voting-rights lawsuit against Louisiana election officials, ruling that the state's sovereign immunity defense must be resolved before plaintiffs can proceed with depositions or document requests.
U.S. Magistrate Judge Scott D. Johnson sided with Secretary of State Nancy Landry and other defendants, who argued that Fifth Circuit precedent bars discovery against officials asserting immunity from suit.
The League of Women Voters of Louisiana and other plaintiffs filed the case in 2025, challenging state election procedures. Defendants moved to dismiss on February 27, 2026, raising sovereign immunity as a threshold jurisdictional defense.
Plaintiffs opposed the stay, arguing that discovery should proceed while the motion to dismiss is pending. Defendants replied that allowing discovery would impose undue burden and expense on state officials who may ultimately be immune from the suit entirely.
Johnson noted that while stays of discovery pending dispositive motions are generally rare, sovereign immunity presents a distinct exception.
Johnson cited Fifth Circuit precedent stating that "sovereign immunity is an immunity from suit (including discovery), not just liability." He further quoted the Fifth Circuit in Russell v. Jones, noting that "[w]here sovereign immunity applies, it applies totally. Plaintiffs stop at the Rule 12(b)(1) stage and don't get discovery. They don't pass go."
The magistrate judge emphasized that district courts in the Fifth Circuit have a "nondiscretionary duty" to stay discovery when defendants assert immunity defenses.
Johnson ordered that all discovery remain stayed until the court resolves the motions to dismiss. The parties must file a motion for a scheduling conference to set new discovery deadlines once the immunity issue is decided.