State of Mississippi v. Entergy Mississippi, Inc. et al

Filing 97

ORDER denying 87 Motion to Amend/Correct; finding as moot 94 Motion to Lift Stay. Signed by District Judge Carlton W. Reeves on 1/4/2017. (AC)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
STATE OF MISSISSIPPI ex rel. Jim Hood,
Attorney General
V.

PLAINTIFF

CAUSE NO. 3:08-CV-780-CWR-LRA

ENTERGY MISSISSIPPI, INC., ET AL.

DEFENDANTS

ORDER
On September 21, 2016, the United States District Judge presiding over this case
determined that the defendants were not entitled to judgment on the pleadings. Docket No. 85.
Aggrieved, the defendants filed the present motion seeking leave to take an immediate
interlocutory appeal pursuant to 28 U.S.C. § 1292(b). The matter is fully briefed and ready for
review.1
The basic rule of appellate jurisdiction restricts review to final judgments, avoiding
the delay and extra effort of piecemeal appeals. Section 1292(b) appeals are
exceptional. They are permitted only when there is a substantial difference of
opinion about a controlling question of law and the resolution of that question will
materially advance, not retard, ultimate termination of the litigation.
Clark-Dietz & Associates-Engineers, Inc. v. Basic Const. Co., 702 F.2d 67, 69 (5th Cir. 1983).
“Moreover, while an immediate appeal may save the district court time because reversal might
preclude a hearing . . . and affirmance might induce settlement, an immediate appeal may delay
judgment and thus penalize the appellees . . . .” Id.
After reviewing the pleadings, earlier rulings, and present arguments, the undersigned is
not persuaded that the defendants have met the high standard required for § 1292(b) certification.
The only thing exceptional about this case is how long it has lingered in the federal courts prior

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After the briefing on this motion was completed, the case was transferred to the undersigned District Judge.

to the commencement of discovery. And the cure to that problem—the best way to advance the
ultimate termination of the litigation—is to proceed as expeditiously as possible to trial.
The motion is denied. Within seven days, the parties shall contact the chambers of the
Magistrate Judge to schedule a Case Management Conference. This renders moot the State’s
motion to lift the stay and proceed with discovery.
SO ORDERED, this the 4th day of January, 2017.

s/ Carlton W. Reeves
UNITED STATES DISTRICT JUDGE

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