Kelley et al v. Enviva, LP et al
Filing
28
ORDER GRANTING 25 Defendant's Motion to Stay Discovery. All discovery, including the Rule 26(f) conference, will be stayed pending the ruling on the Motions to Dismiss currently before the Court. Signed by US District Judge Terrence W. Boyle on 8/27/2014. Copy mailed to the pro se plaintiff via US Mail. (Fisher, M.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
Civil Action No. 7:14-CV-00126-BO
JAMES KELLEY I KELLEY
ENGINEERING,
Plaintiff,
vs.
ENVIVA, LP, JOHN KEPPLER,
NORB HINTZ, ENVIVA
PELLETS AHOSKIE, LLC,
ENVIVA PELLETS
NORTHAMPTON, LLC, ENVIVA
PELLETS SOUTHAMPTON, LLC,
ENVIVA HOLDINGS, LP, "JOHN
DOE" CORPORATION(S)
AND/OR PARTNERSHIP(S),
ORDER STAYING
DISCOVERY
Defendants.
Before the Court is the motion (D.E. 25) by defendants Enviva, LP,
Enviva Pellets Ahoskie, LLC, Enviva. Pellets Northampton, LLC, Enviva
Pellets Southampton, LLC, John Keppler, Norb Hintz, and Enviva Holdings, LP
(collectively, "Defendants") to stay discovery pending resolution of their Motion to
Dismiss for lack of personal jurisdiction, insufficiency of process, and
insufficiency of service of process (D.E. 14) and their Motion to Dismiss Pursuant
to Rule 12(b)(6) of the Federal Rules of Civil Procedure (D.E. 17).
Defendants
contend that resolution of one or more of these motions 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 James A. Kelley is
willing to extend the time for the discovery scheduling conference, but he objects
to staying discovery. (D.E. 25, Ex. A)
The Court finds that Defendants have shown good cause for the stay
requested.
The motion to stay is therefore ALLOWED, and all discovery in this
case, including the convening of a Fed. R. Civ. P. Rule 26(f) conference and filing
of a discovery plan, is STAYED pending entry of orders disposing of the motions
to dismiss.
This the _i)_day of August, 2014.
2
US2008 5912229 I
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