DePriest v. Milligan

Filing 12

ORDER denying 4 Motion for Summary Judgment; denying 6 Motion to Stay without prejudice to refile. Signed by Judge James M. Moody on 4/25/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION RONDA DePRIEST V. PLAINTIFF No.4:12CV00235 JMM DENNIS MILLIGAN, individually and in his official capacity DEFENDANT ORDER Pending are the Defendant’s motion for summary judgment, docket # 4 and Plaintiff’s motion to stay, docket # 6. Plaintiff’s complaint was originally filed in the Circuit Court of Saline County, Arkansas on April 26, 2011. Defendant’s motion for summary judgment was filed on February 24, 2012, and Plaintiff filed her motion to stay time to respond to motion for summary judgment on March 7, 2012. Thereafter, Plaintiff filed an amended complaint adding new claims and causes of action and on April 19, 2012, Defendant filed a notice of removal. In light of the filing of Plaintiff’s amended complaint and the removal of this action to this Court, the motions, docket #’s 4 and 6 are denied without prejudice to refile. IT IS SO ORDERED this 25th day of April, 2012. ______________________________ James M. Moody United States District Judge

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