Butts et al v. Gunn et al

Filing 39

ORDER STAYING CERTAIN PROCEEDINGS. To the extent the prior order staying the case submitted by Defendse counsel and entered by the court [#32] purports to stay the case beyond the dictates of Local Rule16(b)(3)(B), such order is amended in conformity herewith and Local Rule16(b)(3)(B). Signed by Magistrate Judge Jane M. Virden on 1/24/18. (bfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JEFFREY AND KIMBERLY BUTTS, ET AL.
VS.

PLAINTIFFS
CAUSE NO.: 4:18-CV-0001-DMB-JMV

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

DEFENDANTS

ORDER
State Defendants Rosemary Aultman, in her official capacity as Chairman of the State Board
of Education, Dr. Carey M. Wright, in her official capacity as Superintendent of the Mississippi
Department of Education, Jason Dean, Buddy Bailey, Kami Bumgarner, Karen Elam, Johnny Franklin,
William Harold Jones, John Kelly, and Frank McClalland, all in their official capacities a Members of
the Mississippi State Board of Education, have moved to dismiss all of the claims asserted against
them by the Montgomery County School District in the above-styled case based on a lack of
subject matter jurisdiction and failure to state a claim.
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, and
discovery, should be stayed. Furthermore, to the extent the prior order staying the case submitted
by Defendants’ counsel and entered by the court [#32] purports to stay the case beyond the dictates
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of Local Rule16(b)(3)(B), such order is amended in conformity herewith and Local
Rule16(b)(3)(B). Defendants’ counsel shall submit to the undersigned a proposed order lifting the
stay, if necessary, within ten days of notification of the court’s ruling on the underlying dispositive
motion.
SO ORDERED this, January 24, 2018.
/s/ Jane M. Virden______________
UNITED STATES MAGISTRATE JUDGE

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