Schooling et al v. Hunt Southern Group, LLC et al

Filing 244

ORDER granting 242 Motion to Reopen Case; granting 242 Motion to Reassert Daubert and Dispositive Motions. Signed by Magistrate Judge John C. Gargiulo on 4/29/2021 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
JASON SCHOOLING, et al.
VS.

PLAINTIFFS
CIVIL ACTION: 1:18cv47-HSO-JCG

HUNT SOUTHERN GROUP, LLC, et al.

DEFENDANTS

ORDER REOPENING CASE, LIFTING STAY, AND SETTING DEADLINE
FOR REASSERTING DAUBERT AND DISPOSITIVE MOTIONS
Before the Court is a Motion [242] by Defendants Hunt Southern Group, LLC,
Forest City Residential Management, LLC, and Hunt MH Property Management
LLC (collectively “Defendants”) to reopen the present case, lift the stay, reassert
Daubert motions, and reassert dispositive motions.
The Court begins with a brief recitation of the relevant procedural history. On
September 12, 2019, District Judge Louis Guirola, Jr. issued a memorandum opinion
and order granting summary judgment in favor of Defendants in the bellwether case,
Michael Yarbrough, Jr., et al. v. Hunt S. Grp., LLC et al., No. 1:18-cv-51-LG-RHW
(S.D. Miss. Sept. 12, 2019). On December 2, 2019, the present case and related cases
were stayed pending the outcome of Yarbrough on appeal. Order [240]. By extent, all
motions outstanding at that time were denied without prejudice and subject to
refiling after the Yarbrough-related stay was lifted. On November 12, 2020, the Fifth
Circuit upheld Judge Guirola’s decision in a concise, unpublished opinion. See
Yarbrough v. Hunt S. Grp., LLC, 836 F. App’x 238 (5th Cir. 2020). Finally, the present

case was administratively closed for statistical purposes on February 12, 2021. Order
[240].
Considering recent developments and in line with its previous Orders, the
Court will reopen the present case, lift any stay, and allow the parties to refile any
Daubert or dispositive motion that was previously denied without prejudice after
entry of the stay. Regarding those motions, the parties are permitted to refile any
such motions subject to the following conditions. First, the parties may not include
any new subject matter or seek new relief. Second, the parties may, however, account
for and address any new legal authority, such as new case law. Finally, all such
motions must be filed no later than May 14, 2021; responses and replies are due in
accordance with the Court’s rules.
IT IS THEREFORE ORDERED AND ADJUDGED that Defendants’
Motion [242] to reopen the case, lift the stay, reassert Daubert motions, and reassert
dispositive motions is GRANTED.
SO ORDERED this the 29th day of April 2021.
/s/

John C. Gargiulo

JOHN C. GARGIULO
UNITED STATES MAGISTRATE JUDGE