WELKER v. ORKIN LLC

Filing 20

ORDER DENYING 17 Motion to Stay. Ordered by U.S. District Judge Marc Thomas Treadwell on 1/14/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
GREGORY WELKER,
Plaintiff,
v.
ORKIN, LLC, formerly Orkin, Inc.,
Defendant.

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CIVIL ACTION NO. 5:13-CV-126 (MTT)

ORDER
Before the Court is the Defendant’s motion to stay discovery. (Doc. 17). The
closing of discovery on December 31, 2013 renders the motion moot. But the motion
also must be denied because the Defendant’s pending motion to dismiss (Doc. 16)
would, even if granted, not dispose of the case. In addition to damages, the Plaintiff
seeks injunctive relief in the form of reinstatement, and the judicial estoppel doctrine on
which the motion to dismiss is based does not prohibit the Plaintiff from pursuing his
claim for injunctive relief. See Casanova v. Pre Solutions Inc., 228 F. App’x 837, 841
(11th Cir. 2007) (citing Burnes v. Pemco Aeroplex, Inc., 291 F.3d 1282, 1288-89 (11th
Cir. 2002)).
Accordingly, the Defendant’s motion to stay discovery is DENIED.
SO ORDERED, this 14th day of January, 2014.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT