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

Filing 33

ORDER STAYING CASE pursuant to Local Uniform Civil Rule 16(b)(3)(B). Signed by Magistrate Judge Jane M. Virden on 8/24/18. (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 CERTAIN PROCEEDINGS
Local Uniform Civil Rule 16(b)(3)(B) provides that “a motion asserting a 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 jurisdictional 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 motion to dismiss based on lack of personal jurisdiction. Doc. #31.
Accordingly, staying discovery in this case is appropriate at this time.
If any party desires to take jurisdiction-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 within four (4) days following service of the motion for remand-related discovery.
IT IS, THERFORE, ORDERED that the aforementioned proceedings are hereby
STAYED pending a ruling on the jurisdictional motion. Defendants shall notify the undersigned

magistrate judge within seven (7) days of a decision on the motion and shall submit a proposed
order lifting the stay.
SO ORDERED this, August 24, 2018.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE