Shanklin v. Aurora Australis, LLC et al
Filing
11
ORDER granting 10 Motion to Stay. Signed by Jane M Virden on 12/11/2012. (sef)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
DELESLIE SHANKLIN, AS PERSONAL
REPRESENTATIVE AND FOR AND ON BEHALF OF
THE ESTATE AND WRONGFUL DEATH
BENEFICIARIES OF L.A. SHANKLIN, DECEASED
VS.
PLAINTIFF
CIVIL ACTION NO.: 1:12-CV-256-SA-JMV
AURORA AUSTRALIS, LLC d/b/a AURORA
HEALTH AND REHABILITATION and
John and Jane Does I-X
DEFENDANTS
ORDER
This matter is before the court on defendant's motion to stay (#10) based on a
simultaneously filed motion to compel arbitration (#9). Pursuant to Rule 16(b)(3) of the Uniform
Local Rules for the Northern and Southern Districts of Mississippi:
(B) Filing a motion to compel arbitration, an immunity defense or jurisdictional
defense motion stays the attorney conference and disclosure requirements and all
discovery not related to the issue pending the court’s ruling on the motion issue,
including any appeal. Whether to permit discovery on issues related to a motion
asserting an immunity defense or jurisdictional defense is a decision committed to
the discretion of the court.
(C) At the time the motion to compel arbitration, immunity defense or
jurisdictional defense motion is filed, the moving party shall submit to the
magistrate judge a proposed order granting the stay.
(E) The plaintiff must promptly notify the magistrate judge of a decision on the
motion and must submit a proposed order lifting the stay. Within fourteen days of
the order lifting the stay, the parties must confer in accordance with L.U.Civ.R.
26(c), and all other deadlines will be determined accordingly.
IT IS, THEREFORE, ORDERED that the motion to stay is GRANTED and all
proceedings herein, including the Case Management Conference and all motions filed by the
parties herein, but excluding discovery relating to the motion to compel arbitration, shall be and
are hereby stayed with regard to all parties, pending the court’s ruling on the Motion to Compel
Arbitration.
IT IS FURTHER ORDERED that should the Motion to Compel Arbitration be denied,
plaintiff shall contact the court within ten days of the denial to advise of the need to reschedule
the Case Management Conference.
SO ORDERED, this, the 11th day of December 2012.
/s/Jane M. Virden
United States Magistrate Judge
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