Bianchini v. City of Jackson et al

Filing 78

ORDER granting 69 Motion for a Rule 7 Reply and granting 71 Motion for a Stay of Discovery. Plaintiff is directed to file a Rule 7(a) reply within thirty (30) days of this Order. Discovery is stayed for sixty (60) days to allow Vance to revie w the reply and file a motion raising his qualified-immunity defense. If such a motion is filed, the stay is automatically extended until resolution of that motion. If no motion is filed, the stay will be lifted. Signed by District Judge Daniel P. Jordan III on September 22, 2017. (EH)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF MISSISSIPPI NORTHERN DIVISION TINA BIANCHINI V. PLAINTIFF CIVIL ACTION NO. 3:16-CV-510-DPJ-FKB CITY OF JACKSON, ET AL. DEFENDANTS ORDER Defendant Lee Vance asks the Court to require Plaintiff Tina Bianchini to file a Rule 7(a) reply detailing her § 1983 claims against him in in his individual capacity. Vance has asserted qualified immunity, and pursuant Schultea v. Wood, the Court agrees that a Rule 7(a) reply is appropriate. 47 F.3d 1427 (5th Cir. 1995). Vance also seeks a stay of discovery, pending resolution of his qualified immunity defense, which is likewise granted.1 Defendant Vance’s motions for a Rule 7(a) reply [69] and for a stay of discovery [71] are granted as unopposed. Plaintiff is directed to file a Rule 7(a) reply within thirty (30) days of this Order. Discovery is stayed for sixty (60) days to allow Vance to review the reply and file a motion raising his qualified-immunity defense. If such a motion is filed, the stay is automatically extended until resolution of that motion. If no motion is filed, the stay will be lifted. SO ORDERED AND ADJUDGED this the 22nd day of September, 2017. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE 1 Plaintiff did not respond in opposition to the motions, and the time to do so has passed. See L.U. Civ. R. 7(b)(3)(E) (“If a party fails to respond to any motion, other than a dispositive motion, within the time allotted, the court may grant the motion as unopposed.”).

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