Moore v. Hartford Casualty Insurance Company et al

Filing 15

ORDER granting in part 9 Motion. The Case management conference and certain proceedings are stayed. Plaintiff must file a reply to defendant's contention that discovery sought is not relevant to the remand issue within 7 days of this date. Signed by Magistrate Judge Jane M. Virden on 1/12/15. (ncb)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION DEBRA A. MOORE PLAINTIFF VS. NO. 4:14CV162-DMB-JMV HARTFORD CASUALTY INSURANCE COMPANY DEFENDANTS ORDER STAYING CERTAIN PROCEEDINGS This case comes before the court pursuant to Plaintiff’s Motion to Stay Remand Proceedings and for Authority to Conduct Remand Related Discovery [9]. The court has considered the motion, Defendant’s response [14], the applicable law and the record and rules as follows: Pursuant to L. U. CIV. R. 16(b)(1)(B), [a] motion to remand . . . will stay the attorney conference and disclosure requirements and all discovery not relevant to the remand . . . issue and will stay the parties’ obligation to make disclosures pending the court’s ruling on the motion[]. . . . Based on this authority, the case will be stayed with respect to the case management conference and the proceedings listed in the rule. Additionally, only discovery not relevant to the remand issue is stayed, i.e., plaintiff may conduct any discovery that is relevant to the remand issue. However, because defendant contends the discovery sought by plaintiff here is not relevant to the remand issue, plaintiff shall file a reply brief–within 7 days of this date–substantiating the need for discovery that is relevant. THEREFORE IT IS ORDERED: 1. That the above noted proceedings and the case management conference are hereby STAYED pending a decision on the motion to remand. 2. That plaintiff shall file a reply brief in response to defendant’s contention that the discovery plaintiff seeks is not relevant to the remand issue within 7 days of this date. 3. That the deadline for plaintiff’s reply to defendant’s response to the motion to remand is stayed until further order of the court. THIS, the 12th day of January, 2015. /s/ Jane M. Virden U. S. MAGISTRATE JUDGE 2

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