Green v. Blake et al

Filing 146

ORDER granting 145 joint motion to vacate the scheduling order. Signed by Magistrate Judge James P. O'Hara on 2/4/21. (jc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JEFFREY S. GREEN,
Plaintiff,
v.
CHRISTIAN BLAKE and
JOSHUA LEONARD,
Defendants.

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Case No. 18-2247-TC

ORDER
The parties have filed a joint motion (ECF No. 145) to modify or vacate the second
amended scheduling order (ECF No. 116). Essentially, they’re asking for a stay until
plaintiff’s motion to dismiss (ECF No. 125) and defendants’ motion for leave to file a thirdparty complaint (ECF No. 119) are resolved by the presiding U.S. District Judge, Toby
Crouse.
The court doesn’t look favorably on the parties’ choice not to file a motion to stay;
rather, they chose not to conduct discovery because of their “reluctance,” waiting until the
end of the discovery period to ask the court for relief. That said, given the pending motions
and the procedural history of this case, the court agrees it’s most efficient at this point to
pause the case until the remaining claims and parties are determined.
IT IS THEREFORE ORDERED that the motion (ECF No. 145) is granted. The
remaining deadlines in the second amended scheduling order (ECF No. 116) are vacated.
Should the case remain pending after Judge Crouse rules on the dispositive motions, the

O:\ORDERS\18-2247-TC-145.DOCX

parties are directed to confer and submit a planning meeting report to the undersigned’s
chambers within 14 days.
Dated February 4, 2021, at Kansas City, Kansas.
s/ James P. O’Hara
James P. O’Hara
U.S. Magistrate Judge

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