Butts et al v. Gunn et al

Filing 94

ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 6/28/18. (bfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JEFFREY and KIMBERLY BUTTS, et al.

PLAINTIFFS

VS.

CIVIL ACTION NO.: 4:18CV0001-NBB-JMV

ROSEMARY AULTMAN, in her
official capacity as Chairman of the
State Board of Education, 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 McClelland, 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. Dkt. Nos. [87, 88].
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.”
If any party desires to take jurisdictional-related discovery, they must file a motion for leave to
do so within seven (7) days hereof, setting forth the type and scope of such discovery and an estimated
time frame for constructing it. If any party objects to the motion for discovery, it shall file its objection

1

within four (4) days following service of the motion for jurisdictional-related discovery. L.U.Civ.R.
16(b)(3)(B).
ACCORDINGLY, IT IS ORDERED that conferences, disclosure requirements, discovery, and
proceedings in this case should be stayed. Defendants’ counsel shall submit to the undersigned a
proposed order lifting the stay, within ten days of notification of the court’s ruling on the underlying
dispositive motion.
This, the 28th day of June, 2018.

__/s/ Jane M. Virden ___________________
UNITED STATES MAGISTRATE JUDGE

2