Nolley v. Littlejohn et al

Filing 15

ORDER STAYING CERTAIN PROCEEDINGS AND FOR SHOW OF CAUSE. Signed by Magistrate Judge Jane M. Virden on 6/30/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
KENNY NOLLEY

PLAINTIFF

VS.

CIVIL ACTION NO.: 3:16-CV-122-MPM-JMV

ROBERT C. LITTLEJOHN, et al.

DEFENDANTS

ORDER STAYING CERTAIN PROCEEDINGS
AND FOR SHOW OF CAUSE
Local Uniform Civil Rule 16(b)(3)(B) provides that “[f]iling…a jurisdiction 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, including any appeal.” L.U. CIV. R.
16(b)(3)(B) (emphasis added). Because a defendant has raised the issue of personal jurisdiction
by separate motion [11], staying certain proceedings is appropriate. Moreover, through its own
review of the record, the court has determined it is doubtful this court has diversity jurisdiction
over the case.1 The Notice of Removal [1] does not adequately show why the Mississippi
citizenship of Defendant Robin Littlejohn should be disregarded for purposes of determining
whether complete diversity of citizenship exists between Plaintiff and all defendants.
IT IS, THEREFORE, ORDERED that the aforementioned proceedings and the Case
Management Conference are hereby STAYED pending further order of the court. Deadlines
related to the jurisdiction motion [11] are not affected by this order.

1

Though Plaintiff has not raised the issue of jurisdiction, the Court must make an independent inquiry into its
jurisdiction. Grupo Dataflux v. Atlas Global Group, L.P., 541 U.S. 567, 593 (2004) (Ginsburg, J., dissenting)
(citing Bender v. Willamsport Area Sch. Dist., 475 U.S. 534, 541 (1986)) (“[I]t is the obligation of both district court
and counsel to be alert to jurisdictional requirements.”).

IT IS FURTHER ORDERED that the Defendants shall, within 14 days of this date,
show cause, including citation to legal authority, why this case should not be remanded for lack
of diversity jurisdiction.
SO ORDERED this, the 30th day of June, 2016.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE