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)
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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