Martz v. Mississippi Army National Guard

Filing 17

ORDER denying 13 Motion to Strike. Signed by Jane M Virden on 6/20/13. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MICHAEL REED MARTZ

PLAINTIFF

v.

CASE NO. 3:13cv114-NBB-JMV

MISSISSIPPI ARMY NATIONAL GUARD

DEFENDANT

ORDER DENYING MOTION TO STRIKE
AND CLARIFYING STAY ORDER

Before the court is Defendant Mississippi Army National Guard’s Motion to
Strike Amended Complaint [13]. For the reasons stated in Plaintiff’s Response [15] to
Defendant’s Motion to Strike, the instant motion is hereby DENIED. Additionally, for
the sake of clarity, the court’s May 20, 2013 Miss. Unif. Civ. L. R. 16(b)(3)(B) & (C)
Order Staying Certain Proceedings [7] is vacated only to the extent that it is inconsistent
with the express language of said local rule which “stays [only] the attorney conference
and disclosure requirements and all discovery not related to the issue pending the court’s
ruling on the motion, . . . .”
Finally, Defendant is hereby granted fourteen (14) days from this date to file an
amended motion to dismiss or other responsive pleading to the amended complaint.
SO ORDERED this, the 20th day of June, 2013.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE