Sharkey v. Humphreys County, Mississippi et al

Filing 30

ORDER STAYING CASE re 27 . Signed by Magistrate Judge Jane M. Virden on 5/2/19. (bfg)

IN THE UNITED STATES DISTRICT COURT FOR
THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

JAMES ARTHUR SHARKEY
VS.

PLAINTIFF
CIVIL ACTION NO.: 4:18-CV-00017-DMB-JMV

HUMPHREYS COUNTY, MISSISSIPPI;
SHERIFF J.D. ROSEMAN, IN HIS INDIVIDUAL
AND OFFICIAL CAPACITY AS SHERIFF OF HUMPHREYS
COUNTY SHERIFF'S DEPARTMENT; AND DEPUTY
SEAN WILLIAMS, IN HIS INDIVIDUAL AND OFFICIAL
CAPACITY AS DEPUTY SHERIFF OF HUMPHREYS
COUNTY SHERIFF'S DEPARTMENT

DEFENDANTS

ORDER STAYING CERTAIN PROCEEDINGS

Local Uniform Civil Rule 16(b)(3)(B) provides that “a motion asserting an immunity
defense… stays the attorney conference and disclosure requirements and all discovery, pending
the court’s ruling on the motion, including any appeal. Whether to permit discovery on issues
related to a motion… [is a decision] committed to the discretion of the court, upon a motion by
any party seeking relief.” L.U. CIV. R. 16(b)(3)(B).
Defendants have filed a summary judgement motion based on qualified immunity. [Doc.

#27]. Accordingly, staying discovery in this case is appropriate at this time.
IT IS, THERFORE, ORDERED that the aforementioned proceedings are hereby
STAYED pending a ruling on the immunity motion. Defendants shall notify the undersigned
magistrate judge within seven (7) days of a decision on the immunity motion and shall submit a
proposed order lifting the stay.
SO ORDERED this, May 2, 2019.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE