Salley et al v. Webster County, Mississippi et al

Filing 14

ORDER granting in part and denying in part 13 Motion to Stay. The instant motion is GRANTED in part pursuant to L.U.Civ.R. 16(b)(3)(B), and those proceedings specifically enumerated in the local rule are hereby STAYED. The motion is denied, however, to the extent it seeks permission to conduct discovery related to the immunity and abstention issues because no bases for entitlement to the same have been established. Signed by Magistrate Judge Jane M. Virden on 4/20/18. (ncb)

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

ROBERT SALLEY and BONITA CUNNINGHAM
V.

PLAINTIFFS
CAUSE NO. 4:18CV00066-MPM-JMV

WEBSTER COUNTY, MISSISSIPPI, ET AL.

DEFENDANTS

ORDER STAYING CERTAIN PROCEEDINGS
Before the court is Defendants’ motion [13] for “immunity protection” wherein they essentially
request that the court stay all discovery not related to their claims of immunity and “consideration of
abstention pending disposition of claims in state court.”
Pursuant to L.U.CIV.R. 16(b)(3)(B),
[f]iling 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.
Defendants filed a motion [9] to dismiss based upon immunity defenses on April 16, 2018.
Accordingly, the instant motion is GRANTED in part pursuant to L.U.Civ.R. 16(b)(3)(B), and
those proceedings specifically enumerated in the local rule are hereby STAYED. The motion is
denied, however, to the extent it seeks permission to conduct discovery related to the immunity
and abstention issues because no bases for entitlement to the same have been established.
Defendants may renew the request by a motion that provides sufficient facts and legal authority
that establish a need for such discovery.
THIS, the 20th day of April, 2018.
/s/ Jane M. Virden
U. S. Magistrate Judge