Kelly v. Delta State University et al
ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 3/13/18. (bfg)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
CIVIL ACTION NO. 4:18-CV-060-DMB-JMV
DELTA STATE UNIVERSITY;
BOARD OF TRUSTEES OF STATE INSTITUTIONS
OF HIGHER LEARNING;
MISSISSIPPI INSTITUTIONS OF HIGHER LEARNING;
and JOHN DOE DEFENDANTS 1-10
ORDER STAYING CERTAIN PROCEEDINGS
This matter is before the Court pursuant to Rule 16(b)(3) of the Uniform Local Rules for
the Northern and Southern Districts of Mississippi and in response to Defendants’ Motion to
Dismiss. Doc. #5. That rule provides, in relevant part:
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. Whether to permit discovery on issues
related to the motion and whether to permit any portion of the case to
proceed pending resolution of the motion are decisions committed to the
discretion of the court, upon a motion by any party seeking relief.
The Court notes that Defendants’ Motion to Dismiss raises an immunity defense provided
under the Mississippi Tort Claims Act.
IT IS, THERFORE, ORDERED that the aforementioned proceedings are hereby
STAYED pending a ruling on the immunity motion or entry of an earlier order lifting the stay so
as to permit the right to proceed with discovery in this case and scheduling a case management
conference. Should any party desire to move for such relief from the stay, they should do so by
filing a motion for such relief within 10 business days hereof. Defendants shall notify the
undersigned magistrate judge within seven (7) days of a decision on the immunity defense motion.
SO ORDERED, this 13th day of March, 2018.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE
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