Cloinger v. Murphy Oil Corporation et al

Filing 7

ORDER directing Ms. Cloinger to file with the Clerk of the Court a copy of any arbitration/mediation agreements between her and defendants for the Court's consideration. If Ms. Cloinger deems it necessary, she has this Court's permission to file such agreements under seal. Further, the Court lifts the stay on service of process that was previously ordered. The Court orders that Ms. Cloinger shall have 60 days from the date of this Order to serve the complaint and all filings since the complaint on defendants. Once notice of service has been filed, Defendants shall have 14 days to respond to 3 Motion for Declaratory Judgment. Signed by Judge Kristine G. Baker on 12/17/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
BARBARA CLOINGER
v.

PLAINTIFF
Case No. 3:13-cv-00159-KGB

MURPHY OIL CORPORATION
and MURPHY OIL USA, INC.

DEFENDANTS
ORDER

On June 24, 2013, plaintiff Barbara Cloinger filed this action against her former
employers, Murphy Oil Corporation and Murphy Oil USA, Inc. (together, “Murphy Oil”) (Dkt.
No. 1).

On September 25, 2013, Ms. Cloinger filed a motion for declaratory judgment

requesting the Court enter a declaratory judgment stating she has fulfilled her obligation under
the arbitration/mediation agreement and may proceed against defendants pursuant to her
complaint (Dkt. No. 3). Ms. Cloinger also filed a motion to stay service of process pending a
ruling on her motion for declaratory judgment (Dkt. No. 5). On October 24, 2013, the Court
granted Ms. Cloinger’s motion to stay service of process pending a ruling on Ms. Cloinger’s
motion for declaratory judgment (Dkt. No. 6).
Having reviewed Ms. Cloinger’s motion for declaratory judgment, the Court directs her
to file with the Clerk of the Court a copy of any arbitration/mediation agreements between her
and defendants for the Court’s consideration. If Ms. Cloinger deems it necessary, she has this
Court’s permission to file such agreements under seal.
Further, the Court determines that defendants should have an opportunity to respond to
Ms. Cloinger’s motion for declaratory judgment. Accordingly, the Court lifts the stay on service
of process that it previously ordered. Because the initial 120-day deadline for Ms. Cloinger to
serve process on defendants has passed, the Court orders that Ms. Cloinger shall have 60 days

from the date of this Order to serve the complaint and all filings since the complaint on
defendants. Fed. R. Civ. P. 4(m) (requiring that the Court extend the time for service for an
appropriate period upon a showing of good cause). Once notice of service of process has been
filed with the Court, defendants shall have 14 days to respond to Ms. Cloinger’s motion for
declaratory judgment.
IT IS SO ORDERED this 17th day of December, 2013.

__________________________________ 
KRISTINE G. BAKER
UNITED STATES DISTRICT JUDGE

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