Butler v. Bessinger et al

Filing 210

ORDER granting 209 Motion to Stay and the Court ORDERS this matter STAYED until August 1, 2020. The parties are DIRECTED to file a joint status report on the status of Mr. Bessinger's deployment every sixty (60) days from the date of this Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 08/20/2019.(dsto, )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Lavadre Butler, #337779,
Plaintiff,
v.

Trevor Bessinger, Lisa Young,
Gregory Washington, Mr. Esterline,
Mr. Suarez, Mr. Braddy, Mr. Shorter,
Mr. Williams,

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Civil Action No. 4: 16-3662-RMG

ORDER

Defendants.
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Before the Court is Defendant Trevor Bessinger' s consent motion to stay this matter
pursuant to the Servicemembers' Civil Relief Act ("SCRA"), 50 U.S.C. § 3901 , et seq . (Dkt. No.
209.)
The SCRA allows a civil plaintiff or defendant to apply to stay the proceeding if he is in
"military service" and has received notice of the proceeding. Id. § 3932(a)(l), (2).

The

servicemember's application for a stay must (i) set forth facts regarding the manner of his service
and the date when he will be available to appear, and (ii) include a letter or communication from
his commanding officer stating that his current military duty prevents appearance and that leave
is not authorized at the time. Id. § 3932(b)(2). Upon submission of such an application, "the
court . . . shall ... stay the action for a period of not less than 90 days." Id. § 3932(b)(l).
Mr. Bessinger states that he is currently on active military service, deployed with the
National Guard to the Middle East and expected to return in August 2020. (Dkt. No. 209.) Mr.
Bessinger' s supervisor, Major John W. Cummings, affirms that he is on active duty deployment.
(Dkt. No . 209-1.)

A member of the National Guard is in "military service" under the SCRA when serving
"under a call of duty authorized by the President or the Secretary of Defense for more than thirty
consecutive days, for purposes of responding to a national emergency declared by the President
and supported by Federal funds." 50 U.S.C. § 3911(2)(A)(ii). The Court finds that the statutory
applicability requirements and conditions for stay are satisfied. The Court further finds that Mr.
Bessinger is an essential party whose presence or participation is required in this matter, and that
he does not seek a stay to cause undue delay or prejudice.
Accordingly, Mr. Bessinger's consent motion to stay (Dkt. No. 209) is GRANTED and
the Court ORDERS this matter ST A YEO until August 1, 2020. The parties are DIRECTED to
file a joint status report on the status of Mr. Bessinger's deployment every sixty (60) days from
the date of this Order.
AND IT IS SO ORDERED.

August 20, 2019
Charleston, South Carolina

Richard Mark'f...:c,,... ,... ..
United States District Court Judge