BELL v. GENESIS EMS INC

Filing 16

ORDER denying without prejudice 4 Motion to Dismiss for Failure to State a Claim. Deadline for conducting limited discovery is 10/11/2013; deadline for refiling motion to dismiss is 10/25/2013 if appropriate. Discovery stay entered 7/23/2013 remains in effect. Ordered by Judge Hugh Lawson on 8/29/2013. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

CHARESE BELL,
Plaintiff,
v.

Civil Action No. 7:13-CV-84 (HL)

GENESIS EMC INC.,
Defendant.

ORDER
This case is before the Court on Defendant’s Motion to Dismiss (Doc. 4).
After review of the pleadings and exhibits filed in connection with Defendant’s
motion, the Court has determined that the best course of action is to allow the
parties to engage in limited discovery concerning Plaintiff’s efforts to exhaust her
administrative remedies. The Court is particularly interested in the “complaint”
Plaintiff contends she filed with the EEOC in early April 2012.
Therefore, Defendant’s Motion to Dismiss (Doc. 4) is denied without
prejudice. The parties shall have until October 11, 2013 to conduct discovery
solely on the issue of whether Plaintiff has exhausted her administrative
remedies. Defendant shall then have until October 25, 2013 to re-file its motion to
dismiss if appropriate. The standard response and reply times will apply to the
related briefing. If Defendant chooses not to re-file its motion to dismiss, the
Court will enter a scheduling and discovery order to govern the case.

With the exception of the discovery permitted under this Order, the
discovery stay entered on July 23, 2013 remains in full force and effect.

SO ORDERED, this the 29th day of August, 2013.
s/ Hugh Lawson_______________
HUGH LAWSON, SENIOR JUDGE

mbh

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