Storey v. Effingham County et al

Filing 129

ORDER administratively denying without prejudice re 125 Motion to Quash subpoena to renew when this case is re-opened; Granting re 128 Motion to Stay. The Court DIRECTS the Clerk to ADMINISTRATIVELY CLOSE this case without prejudice to the right of any party with standing to reopen it. Signed by Magistrate Judge G. R. Smith on 8/3/2016. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
VALERIE STOREY, Individually
and as Executrix of the
ESTATE OF KENNETH CARTEE,
Plaintiffs,
v.
EFFINGHAM COUNTY,
JIMMY MCDUFFIE, Individually,
JIMMY MCDUFFIE, in his
official capacity as Effingham
County Sheriff,
TRANSFORMHEALTHRX, INC.,
EFFINGHAM COUNTY BOARD
OF COMMISSIONERS,
ASHBY LEE ZYDONYK, Deputy,
BRYAN SHEARHOUSE, Corporal,
et al.

Case No. CV415-149

Defendants.

ORDER
The Court GRANTS the parties’ Joint Motion to Stay these
proceedings in light of plaintiff/executrix Valerie Storey’s death. Doc.
128. But it also DIRECTS the Clerk to ADMINISTRATIVELY

CLOSE this case without prejudice to the right of any party with
standing to reopen it. See, e.g. , In re Heritage Southwest Medical Group

PA , 464 F. App’x 285, 287 (5th Cir. 2012) (“administrative closure does

not have any effect on the rights of the parties and is simply a docketmanagement device.”). This will spare the parties the stress and expense
of juggling deadlines pending completion of the Probate Court
proceedings ( see doc. 128 at 3-4) required to replace the executrix. Upon
reopening, the parties shall confer and present a new Scheduling Order
within 14 days. 1 Gateway Behavioral Health Services’ motion to quash a
defense subpoena (doc. 125) is thus administratively DENIED without
prejudice to renew it when this case is re-opened.

SO ORDERED , this 3rd day of August, 2016.

UNI]iED STATES MAGISTRA[E JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

Should this litigation settle, any party with standing may move to reactive this
case if settlement-enforcement is sought. See Kokkonen v. Guardian Life Ins. Co. of
Am ., 511 U.S. 375, 381-82 (1994); Am. Disability Ass'n v. Chmielarz , 289 F.3d 1315,
1320 (11th Cir. 2002). Alternatively, the parties may elect to take no further action -they will have settled, after all -- in which case this action will simply remain closed.
Atlantic Cas. Ins. Co. v. Suchil , 2015 WL 1951798 at * 1 (S.D. Ga. Apr. 28, 2015).
2