Butts et al v. Gunn et al

Filing 32

ORDER STAYING CASE. Signed by Magistrate Judge Jane M. Virden on 1/22/18. (bfg)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

GREENVILLE DIVISION

JEFFREY AND KIMBERLY BUTTS, ET AL.

PLAINTIFFS
CAUSE NO.: 4:18-CV-OOOI

VS.
REPRESENTATIVE PHILIP GUNN, in his
official capacity as Speaker of the Mississippi
House of Representatives, ET AL.

DEFENDANTS

ORDER
State Defendants Representative Philip Gunn, in his official capacity as Speaker of the
Mississippi House of Representatives, and Tate Reeves, in his official capacity as President ofthe
Mississippi Senate, have moved to dismiss all of the claims asserted against them in the abovesty led case on several bases, including, but not limited to, sovereign immunity, lack ofjurisdiction,
and absolute legislative immunity.
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, "Filing 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 conferences, disclosure requirements, discovery,
and proceedings in this case should be stayed, other than additional immunity motion practice,
pending full briefing and a ruling on Defendants' motion to dismiss and motion for judgment on
the pleadings. Defendants' counsel shall submit to the undersigned a proposed order lifting the

2

stay, if necessary, within ten days of notification ofthe court's ruling on the underlying dispositive
motion.
This, the ~1 day ofS~O 18.

TEJUDGE

PROPOSED ORDER SUBMITTED BY:

Is/KrisS) C :No6ife
KRlSSY C. NOBILE, MSB # 103577
Office of the Attorney General
Post Office Box 220
Jackson, MS 39205
Telephone No. [phone]
Facsimile: 601-359-2003
[e-mail]
Counsel for State Defendants