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

Filing 82

ORDER STAYING CASE. Signed by Magistrate Judge Jane M. Virden on 3/27/19. (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.” L.U. CIV. R. 16(b)(3)(B).
Canadian National Railway has filed a motion to dismiss for lack of jurisdiction at the
conclusion of jurisdictional discovery. Doc. #80. 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 jurisdictional motion, and the case management conference
[79] will be cancelled by separate notice. 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, March 27, 2019.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE