Melton Properties, LLC et al v. Illinois Central Railroad Company et al

Filing 22

ORDER granting, in part, the 20 Motion to Stay. The court will stay this case for the earlier of a 60-day period from the date of this Order or the completion of the Mississippi Commission on Environmental Quality's hearing on the Plaintiffs' claims regarding the Corrective Action Plan for Plaintiffs' property. Signed by Magistrate Judge Jane M. Virden on 6/6/18. (bfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
MELTON PROPERTIES, LLC; FLOYD M. MELTON, JR.;
FLOYD M. MELTON III; MOSS M. MELTON;
McMILLAN ACRES; DANNY HARGETT; JANE
HART McMILLAN HARGETT; DAVID HARGETT
VS.

PLAINTIFFS

CIVIL ACTION NO. 4:18-cv-00079-DMB-JMV

ILLINOIS CENTRAL RAILROAD COMPANY;
CANADIAN NATIONAL RAILWAY;
JOHN DOES 1-5

DEFENDANTS

ORDER STAYING CASE
This matter is before the court on the motion of Plaintiffs Melton Properties, LLC; Floyd
M. Melton, Jr.; Floyd M. Melton III; Moss M. Melton; McMillan Acres; Danny Hargett; Jane Hart
McMillan Hargett; and David Hargett to stay all proceedings in this action, including discovery
and the Case Management Conference, pending resolution of the underlying administrative
process. The court, having considered the motion and that the fact that the motion is unopposed,
finds that the motion is well taken and therefore should be GRANTED, in part.
The court will stay this case for the earlier of a 60-day period from the date of this Order
or the completion of the Mississippi Commission on Environmental Quality’s hearing on the
Plaintiffs’ claims regarding the Corrective Action Plan for Plaintiffs’ property.
In the event of the latter, the parties must notify the court in writing within (3) three
business days. In the event of the former, the stay will automatically lift, but the parties may move
for a further stay, premised on legal authorities, and including a description of precisely for what
reasons the implementation of a further stay would be appropriate and for what period it is
necessary.

SO ORDERED, this the 6th day of June, 2018.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE