Loden v. Mississippi Department of Corrections et al

Filing 10

ORDER STAYING CERTAIN PROCEEDINGS. Signed by Magistrate Judge Jane M. Virden on 8/17/18. (ncb)

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

DIANNE LODEN
Individually and on Behalf of all
Wrongful Death Beneficiaries of
Jeffrey A. Davis
V.

PLAINTIFF
CAUSE NO. 4:18CV00118-DMB-JMV

MISSISSIPPI DEPARTMENT
OF CORRECTIONS, ET AL.

DEFENDANTS

ORDER STAYING CERTAIN PROCEEDINGS
This case comes before the Court pursuant to L.U.CIV.R. 16(b)(3)(B). The rule provides
that
[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.
Defendant filed a motion [7], asserting the defense of Eleventh Amendment
immunity on August 16, 2018. Accordingly, it is ORDERED:
That the proceedings referenced in local rule 16(b)(3)(B) are STAYED pending a
decision on the motion [7].
THIS, the 17th day of August, 2018.

/s/ Jane M. Virden
U. S. Magistrate Judge