Echols v. Lawton

Filing 39

ORDER directing the Clerk to administratively terminate this case. Signed by Judge William T. Moore, Jr on 9/24/14. (bcw)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION

DOUGLAS ECHOLS,
Plaintiff,
)

V.

CASE NO. CV408-023

)

SPENCER LAWTON, in his
individual capacity,

)
)

Defendant.

-

)CD

)

-v
N)

.-

ORDER

Before the Court is Defendant's Motion to DL miss
Amended Complaint by Special Appearance. (Doc. 29.) The
Court's review of this case indicates that it was
administratively stayed pursuant to the Magistrate Judge's
order granting Defendant's Motion to Stay Discovery. (Doc.
9.) As a result, the case was flagged as "stayed" by the
Clerk of Court and the Court took no action. Subsequently,
Defendant filed his Motion to Dismiss. Unfortunately, the
Clerk of Court's "stay" flag erroneously operated as a stay
of the entire case, causing the Court to never receive
notice that Defendant's motion was due for adjudication.
Having realized its error, the Clerk of Court removed
the "stay" flag and the Court is now advised both that this
case is on its three-year calendar and that the Motion to
Dismiss is on its six-month list. Given the age of this

--

case,

however, the Court is uncomfortable simply ruling on

Defendant's motion. Indeed, the original motion is almost
six years old, while the latest briefing is almost five
years old. Therefore, the Court feels the proper course of
action is to permit the parties to supplement their briefs
as they see fit.
Accordingly, the Clerk of Court

is DIRECTED

to

administratively terminate this case, including all pending
motions, for forty-five days from the date of this order,
during which time the parties are permitted to file
supplemental briefing with respect to Defendant's Motion to
Dismiss. The supplemental briefing will be simultaneous
and neither party will have an opportunity to file any
response. At the conclusion of the forty-five day window,
the case shall be reopened and the Court will promptly
assess the merits of Defendant's motion.
SO ORDERED this

4it1iay of September 2014.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA