Brown v. Bi-Lo Holdings, LLC

Filing 47

ORDER granting in part and denying in part the parties' 46 Joint Motion to Stay Discovery and Other Proceedings. No further extensions will be granted. The Court will, however, stay the civil motions deadline, pending the Eleventh Circuit's resolution of Plaintiff's appeal. The parties shall file the appropriate motions within thirty (30) days of the issuance of the Eleventh Circuit's opinion. Signed by Judge J. Randal Hall on 7/20/2015. (jah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION * ISAIAH BROWN, Plaintiff, * v. * WINN-DIXIE STORES, INC. BI-LO HOLDINGS, LLC, CV 214-052 and * * * Defendants. ORDER In this action, his employment Dixie") with and PFLSA"), in Court granted Plaintiff's interfered ("FMLA"), him for all violation U.S.C. violation LLC Act in 29 Winn-Dixie Leave pay compensation Holdings, Defendants Family Medical to Defendant Bi-Lo "Defendants"), failed Plaintiff Isaiah Brown alleges that during of § 201 the FMLA summary claims for of ("Bi-Lo") with 29 hours the rights § worked Fair FLSA. his Inc. ("Winn- (collectively, U.S.C. et seg. , and and Stores, and Labor under 2601 for the seq. , et overtime Standards Act retaliated against him On March judgment in Defendants' damages as barred by 20, 2015, favor judicial on this all of estoppel, but permitted his equitable claim for reinstatement to proceed. (Doc. 32 at 35.) The Court then directed the parties to meet and confer to address lingering discovery depositions of Defendants. issues - 30, (See Docs. specifically, 46.) the The parties complied with the Court's directive and proposed a schedule in which discovery would dispositive motions date. (Doc. to be 43.) entered a formal, conclude on August 25, 2015, filed within twenty days After careful with after that consideration, the Court Amended Scheduling Order that memorialized the parties' plan and deadlines. (Doc. 45.) Two days later, however, the parties moved the Court to stay discovery and all further proceedings until the United States Court of Appeals for the Eleventh Circuit issues a ruling this Court's Order that granted, summary judgment. Court GRANTS IN (Doc. PART 46.) and on in part, is proceedings DENIES well-established either on its IN PART that a motion for Joint the Motion to (Id.) district own or on a motion of stay the parties. 254 "[a] variety of circumstances may justify a district court stay the resolution Ortega Trujillo v. 1264 (11th Cir. of Co., 299 U.S. the Eleventh Circuit has held that a related Conover & Co. 2000) . & Elec. may 248, Moreover, Water Works court e.g. , Landis v. pending Am. this of See, (1936) . N. Defendants' appeal For the reasons that follow, Stay Discovery and Other Proceedings. It Plaintiff's Indeed, case Commc'ns, in Inc., another court." 221 F.3d 1262, a stay "sometimes is authorized simply as a means of controlling the district court's docket and of managing cases before the district court." Id. Even so, "[w]hen a district court exercises its discretion to stay a case pending the resolution of related proceedings in another forum, the district court must limit properly the scope of the stay." Id. The sole Plaintiff justification has briefed, appealed, the for the issue parties' on appeal motion has not is that yet been and accordingly the parties have not received a ruling on the propriety of this Court's decision entitled to judgment as a matter of Plaintiff sought monetary relief. This argument — which does that Defendants were law on all claims in which (See Doc. 46, UK 5, 6, little more than identify important dates on the docket — in no way addresses why the parties, minimum, to engage in discovery. the parties had nearly five (Doc. 15.) sought and received a ninety-day extension. way of the parties yet Amended another Scheduling sixty depositions. (Docs. Discovery indicates Plan 43, Order, days, 45.) that as the then (Docs. 18, 30.) By Court granted the requested, Indeed, the Plaintiff the remaining to complete parties' depositions been scheduled and will conclude by August 7, 2015. 2.) at a cannot complete discovery. After pleadings were exchanged, months 7.) Joint have (Doc. 43 at Based on these representations and the Court's finding that ten months is amply sufficient to complete discovery in a case of this nature, discovery. The the Court DENIES the parties' request to stay No further extensions will be granted. Court will, however, STAY the civil motions deadline pending the Eleventh Circuit's resolution of Plaintiff's appeal. The parties SHALL FILE the appropriate motions within THIRTY DAYS of the issuance of the Eleventh Circuit's opinion. ORDER ENTERED at Augusta, Georgia, this CxO ^ day of July, 2015. DAL HALL STATES DISTRICT DISTRICT OF JUDGE GEORGIA

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