Smith v. Wal-Mart Stores East, LP et al

Filing 41

ORDER granting 39 Motion to Stay Proceedings until continuance of 30(b)(6) deposition of Wal-Mart's corporate designee, Jerry Hand, which shall resume on November 27, 2017. Signed by Honorable David C. Bramlette, III on 11/14/2017 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
SANDRA SMITH

PLAINTIFF

VS.

CIVIL ACTION NO. 5:16-cv-103(DCB)(MTP)

WAL-MART STORES EAST, LP; and
JOHN and JANE DOES 1-10

DEFENDANTS
ORDER

This cause is before the Court on the plaintiff Sandra Smith’s
Motion

to

Stay

Ruling

on

Motion

for

Summary

Judgment

Continuance of 30(b)(6) Deposition (docket entry 39).

Until
Having

carefully considered the motion and the defendants’ response, and
being fully advised in the premises, the Court finds as follows:
The plaintiff requests that the Court stay its ruling on the
defendant (“Wal-Mart”)’s Motion for Summary Judgment until after
the resumption and conclusion of plaintiff’s 30(b)(6) deposition of
Wal-Mart’s corporate designee, Jerry Hand. The parties have agreed
on November 27, 2017, as the date for reconvening the deposition.
The defendant responds that it has no objection to resuming
the 30(b)(6) deposition, but does object to the plaintiff being
allowed to supplement her briefing on the Motion for Summary
Judgment. The Court notes that supplemental briefing is not sought
in the plaintiff’s motion to stay proceedings.
The

Court

has

briefing if needed.

the

inherent

power

to

order

supplemental

See, e.g., Burgess v. Cigna Life Ins. Co. of

N.Y., 2006 WL 1851391, *6 (W.D. Tex. June 23, 2006); Queens Univ.

at Kingston v. Samsung Elec. Co. Ltd., 2015 WL 10936048, *1 (E.D.
Tex. Aug. 28, 2015).

However, there is no motion for supplemental

briefing before the Court, and a sua sponte ruling on supplemental
briefing would be premature.
Accordingly,
IT IS HEREBY ORDERED that the plaintiff Sandra Smith’s Motion
to Stay Ruling on Motion for Summary Judgment Until Continuance of
30(b)(6) Deposition (docket entry 39) is GRANTED, and the 30(b)(6)
deposition of Wal-Mart’s corporate designee, Jerry Hand, shall
resume on November 27, 2017.
SO ORDERED, this the 14th day of November, 2017.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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