KJ'S General Contractors, Inc. et al v. J.E. Dunn Construction Company et al

Filing 18

ORDER granting in part and denying in part 13 Motion to Stay. Signed by Magistrate Judge G. R. Smith on 9/4/2014. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
KJ’S GENERAL CONTRACTORS,
INC., et al.,
Plaintiff,
v.

Case No. CV414-181

J.E. DUNN CONSTRUCTION
COMPANY, et al. ,
Defendants.

ORDER
KJ'S General Contractors, Inc., and others brought this Georgia
RICO case in state court but defendants removed it to this Court. Doc. 1.
Insisting that it raised only state law claims and no diversity jurisdiction
exists, plaintiffs say they will soon move to remand. Doc. 13. They move
to stay all discovery and court deadlines until the district judge rules on
their remand motion, to be filed by September 21, 2014. Id . at 3-5.
Meanwhile, the defendants move to dismiss the case outright, doc.
11, and separately move to drop or dismiss a defendant they say plaintiffs
fraudulently joined to defeat diversity jurisdiction. Doc. 7. Plaintiffs’

responses to those dismissal motions are due September 8, 2014. If this
Court does not grant plaintiffs’ stay motion, then plaintiffs seek an
extension of time (until September 21, 2014) to respond to the dismissal
motions, if not file any amended complaint (otherwise due September 12,
2014). Doc. 13 at 6.
Defendants consent to the stay motion, but not the time
extensions. Doc. 16. The Court GRANTS in part and DENIES in part
the plaintiffs’ stay motion. Doc. 13. All Court discovery and other filing
deadlines are stayed pending disposition of the plaintiffs’ remand motion,
to be filed by no later than September 21, 2014, which is when their
dismissal motion responses and any amended complaint are due.

SO ORDERED this 4th day of September, 2014.

UNITED STATES MAGISTRATE ILJDGE
SOUTHERN DISTRICT OF GEORGIA

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