Branstetter v. Consulate Health Care, LLC

Filing 31

ORDER granting 30 Plaintiff's Motion to Stay Proceeding Pending Improvement of Plaintiff's Medical Status. This matter is STAYED until further Court order. Plaintiff shall file a written status report on the docket regarding her health and as to whether the stay should continue every thirty (30) days from the date of this Order; failure to comply with this directive may result in this matter being dismissed. The Clerk is directed to add a stay flag on the docket. Signed by Judge Sheri Polster Chappell on 9/8/2014. (LMF)

I’m UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
CHERYL BRANSTETTER, an individual
Plaintiff,
v.

Case No: 2:14-cv-63-FtM-38DNF

NORTH FORT MYERS FACILITY
OPERATIONS, LLC,
Defendant.
/
ORDER1
This matter comes before the Court on Plaintiff's Motion to Stay Proceeding
Pending Improvement of Plaintiff's Medical Status (Doc. #30) filed on August 19, 2014.
Although given the opportunity, Defendant has not filed a response in opposition and the
time to do so has now expired. This matter is now ripe for review.
Plaintiff requests staying this case pending improvement of her medical status.
Plaintiff underwent surgery, has been diagnosed with cancer, and will require extensive
medical treatment. Plaintiff asserts she is heavily medicated and not lucid. Pursuant to
the Court’s discretionary stay powers, the Court finds good cause to stay this matter
pending the improvement of plaintiff’s medical status. See generally Chrysler Intern. Corp.
v. Chemaly, 280 F. 3d 1358, 1360 (11th Cir. 2002) (explaining district courts have broad
discretion to manage their cases).

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Accordingly, it is now
ORDERED:
Plaintiff's Motion to Stay Proceeding Pending Improvement of Plaintiff's Medical
Status (Doc. #30) is GRANTED. This matter is STAYED until further Court order. Plaintiff
shall file a written status report on the docket regarding her health and as to whether the
stay should continue every thirty (30) days from the date of this Order; failure to comply
with this directive may result in this matter being dismissed. The Clerk is directed to add
a stay flag on the docket.
DONE and ORDERED in Fort Myers, Florida this 8th day of September, 2014.

Copies: All Parties of Record

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