Edwards v. Thomas et al

Filing 103

ORDER granting 98 Motion to Lift Stay. Signed by Honorable Susan O. Hickey on January 8, 2021. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SAMANTHA EDWARDS, Individually, and as SPECIAL ADMINISTRATRIX of the ESTATE of WILLIAM BOBBY WRAY EDWARDS, Deceased, and ARLEIGH GRAYCE EDWARDS, Deceased; and as PARENT and NEXT FRIEND for Peyton Hale, a Minor v. PLAINTIFF Case No. 4:19-cv-4018 ERIC JAMES CORNELL THOMAS and MCELROY TRUCK LINES, INC. DEFENDANTS ORDER Before the Court is Plaintiff’s Motion to lift the stay in these proceedings. (ECF No. 98). Defendants responded. (ECF No. 100). Defendants then filed a supplement to their response (ECF No. 102) rescinding their initial objection to the authenticity of the state criminal order included in the present motion (ECF No. 98-1). On February 24, 2020, this Court granted Defendant’s request for a stay based upon Defendants’ assertion that Separate Defendant Thomas was involved in pending criminal proceedings. On December 10, 2020, Plaintiff provided the Court with the Order granting the state’s motion to dismiss criminal charges against Separate Defendant Thomas. (ECF No. 98-1). In light of this dismissal, the Court finds that the stay of this case should be and hereby is LIFTED. Furthermore, the parties are ordered to provide the Court with the date for oral arguments regarding the certified question pending before the Arkansas Supreme Court. (ECF No. 93). Once the Court is notified of this date, the Court will separately issue a new Final Scheduling Order, setting a new trial date and new pretrial deadlines. IT IS SO ORDERED, this 8th day of January, 2021. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

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