Gatheright v. Barbour et al

Filing 26

ORDER STAYING CASE. Signed by Magistrate Judge S. Allan Alexander on 03/09/16. (sd)

UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
LESLY GATHERIGHT

vs.

PLAINTIFF

CIVIL ACTION NO. 3:16-CV-003-GDD-SAA

FORMER MISSISSIPPI GOVERNOR HALEY BARBOUR;
ATTORNEY GENERAL JIM HOOD; DISTRICT ATTORNEY
BEN CREEKMORE; ASSISTANT DISTRICT ATTORNEY LON
STALLINGS; FORMER ASSISTANT DISTRICT ATTORNEY
HONEY USSERY; ASSISTANT DISTRICT ATTORNEY MICKEY
MALLETTE; CALHOUN COUNTY DEPUTY DEWAYNE
WINTER; AND CALHOUN COUNTY JUSTICE COURT CLERK
TRACY MCGUIRT

DEFENDANTS

ORDER STAYING CASE
The State Defendants, former Governor Haley Barbour, Attorney General Jim Hood,
District Attorney Ben Creekmore, Assistant District Attorney Lon Stallings, former Assistant
District Attorney Honey Ussery, and Assistant District Attorney Mickey Mallette, have filed
motions to dismiss the above-styled case on the basis of, inter alia, Eleventh Amendment
immunity, absolute immunity, and state sovereign immunity. See Docket Nos. 14, 16, 18, 20,
22, 24.
Under Rule 16(b)(3)(B) of the Uniform Local Rules of the United States District Courts
for the Northern and the Southern Districts of Mississippi, “[f]iling a motion to compel
arbitration, or a motion asserting an immunity defense or jurisdictional defense stays the attorney
conference and disclosure requirements and all discovery, pending the court’s ruling on the
motion, including any appeal.”
ACCORDINGLY, IT IS ORDERED that all conferences, disclosure requirements,

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discovery, and proceedings in this case are stayed, other than additional immunity motion
practice, pending full briefing and ruling on the motions to dismiss. Counsel for state defendants
is directed to notify the undersigned within seven days of a ruling on the motions to dismiss.
This, the 9th day of March, 2016.

/s/ S. Allan Alexander
UNITED STATES MAGISTRATE JUDGE

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