White v. Pitt County Schools

Filing 21

ORDER granting 14 Motion to Stay; denying as moot the 20 Motion for Extension of Time. All discovery in this case is STAYED pending entry of the order disposing of defendant's motion to dismiss. The parties shall file a discovery plan within 14 days after such entry if at the time one or more claims remain. Signed by United States Magistrate Judge James E. Gates on 8/29/2017. Copy sent to Cora L. Gorham White, 2521 Graham St., Winterville, NC 28590 via US Mail. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
4:17-CV-75-BR
CORAL. GORHAM-WHITE,
Plaintiffs,
v.
PITT COUNTY SCHOOLS,
Defendant.

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ORDER

This case is before the court, in part, on the motion by defendant Pitt County Schools
("defendant") (D.E. 14) to stay discovery pending resolution of its motion to dismiss (D.E. 9) for
lack of subject matter jurisdiction, on the basis of governmental immunity, and for failure to state
a claim upon which relief can be granted. Defendant contends that resolution of the dismissal
motion may obviate discovery and that deferral of discovery until after such resolution would
preserve the court's and the parties' time and other resources . Plaintiff Cora Gorham-White
("plaintiff'), who is proceeding pro se, has not filed a response to the motion to stay and the time
for doing so has expired, although her proposed discovery plan (D.E. 19), filed after defendant's
dismissal and stay motions, appears to contemplate discovery proceeding without delay. 1
The court finds that defendant has shown good cause for the stay requested. The motion
to stay (D.E. 14) is therefore ALLOWED, and all discovery in this case is STAYED pending
entry of the order disposing of defendant's motion to dismiss. The parties shall file a discovery
plan within 14 days after such entry if at the time one or more claims remain.

1 Defendant filed a separate discovery plan (D.E. 18).
Defendant's plan notes defendant 's filing of the instant
motion to stay (Def. 's Disc. Plan if 2) but plaintiffs plan, which is obviously based on defendant 's plan, omits any
reference to defendant 's stay motion .

Also before the court is plaintiffs motion (D.E. 20) for extension of time to exchange
initial disclosures. In li ght of the court's allowance of defendant's motion to stay, plaintiffs
motion for extension is DENIED as moot.
SO ORDERED, this 29th day of August 2017.

United States Magistrate Judge

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