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)

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.”).