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.)

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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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