New Generation Christian Church v. Rockdale County, Georgia

Filing 51

ORDER AND OPINION denying without prejudice the pending [32,34] Motions for Summary Judgment. The parties are directed to advise the Court, by April 18, 2014, if they will retain a private mediator or if they prefer the Court to refer the mediation to a magistrate judge. Signed by Judge Julie E. Carnes on 3/31/14. (ddm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

NEW GENERATION CHRISTIAN
CHURCH,
Plaintiff,
CIVIL ACTION NO.
v.

1:12-cv-02138-JEC

ROCKDALE COUNTY, GEORGIA,
Defendant.
ORDER & OPINION
New Generation Christian Church (“plaintiff”) filed suit against
Rockdale

County,

Georgia

(“defendant”)

for

violations

of

the

Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §§
2000cc - 2000cc-5; the Fourteenth Amendment; and the First Amendment.
(See Compl. [1] at ¶¶ 62-140.)

Plaintiff alleges that defendant’s

zoning code has illegally and unconstitutionally compromised its free
religious exercise by, in various ways, preventing plaintiff from
renting real estate for conducting religious services.
The Court has recently issued a ruling on plaintiff’s motion to
amend

the

pleadings

pleadings [41].

[38]

and

defendant’s

motion

to

amend

In doing so, the Court has also reviewed the

parties’ respective motions and briefs for summary judgment.
motions remain pending.

AO 72A
(Rev.8/82)

the

Those

Having reviewed these motions, the Court believes that the
parties might be able to resolve their differences without the need
for further litigation.

Accordingly, the Court directs the parties

to undergo mediation of their remaining disputes.

The parties may

retain a private mediator or the Court will refer the mediation to a
magistrate judge to conduct.

The parties shall advise the Court by

April 18, 2014, which option they prefer.
Thereafter, the Court will allow a 60-day period for mediation.
The pending motions for summary judgment ([32, 34]) will be DENIED
WITHOUT PREJUDICE.

Should the mediation prove unsuccessful, these

motions will be reopened and ruled upon, based on the present
briefing.
SO ORDERED, this 31st day of March, 2014.

/s/ Julie E. Carnes
JULIE E. CARNES
CHIEF UNITED STATES DISTRICT JUDGE

2

AO 72A
(Rev.8/82)