Simmons v. Encore Capital Group, Inc. et al
Filing
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ORDER granting 14 Defendant Ashley Lashinski's Motion to Stay Pretrial Deadlines. The pretrial deadlines set forth in the Federal Rules of Civil Procedure and the Local Rules are STAYED until the Court rules upon the Motions to Dismiss 8 17 . Upon such ruling, the stay will be EXTINGUISHED, and any remaining parties SHALL RESUME preparation of this case for trial in accordance with the applicable deadlines. Signed by Magistrate Judge H Bruce Guyton on June 6, 2013. (AYB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
ELMER SIMMONS,
Plaintiff,
V.
ENCORE CAPITAL GROUP, INC.,
et al.,
Defendants.
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No. 3:13-CV-113
(HOOD/GUYTON)
MEMORANDUM AND ORDER
This case is before the undersigned pursuant to 28 U.S.C. § 636, the Rules of this Court,
and Standing Order 13-02. Now before the Court is Defendant Ashley Lashinski’s Motion to
Stay Pretrial Deadlines [Doc. 14]. Ms. Lashinski moves the Court to stay the pretrial deadlines
set forth in the Federal Rules of Civil Procedure and the Local Rules until the Court rules upon
the Motions to Dismiss filed in this action.
The Court finds that no party has responded in opposition to the Motion to Stay, and the
time for doing so has expired. See E.D. Tenn. L.R. 7.1(a), Fed. R. Civ. P. 6(d), 5(b)(2)(E). The
Court may treat the lack of opposition during the time allowed under the rule as acquiescence to
the relief sought. See E.D. Tenn. L.R. 7.2; see also Campbell v. McMinn County, 2012 WL
369090 (E.D. Tenn. 2012).
Moreover, the Court finds that the stay of pretrial deadlines is
appropriate given the jurisdictional issues raised in Ms. Lashinski’s Motion to Dismiss [Docs. 8,
17].
Accordingly, the Court finds that the Motion to Stay Pretrial Deadlines [Doc. 14] is welltaken, and it is GRANTED. The pretrial deadlines set forth in the Federal Rules of Civil
Procedure and the Local Rules are STAYED until the Court rules upon the Motions to Dismiss
[Docs. 8, 17]. Upon such ruling, the stay will be EXTINGUISHED, and any remaining parties
SHALL RESUME preparation of this case for trial in accordance with the applicable deadlines.
IT IS SO ORDERED.
ENTER:
/s H. Bruce Guyton
United States Magistrate Judge
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