Boggs et al v. Cintas Corporation No. 2 et al

Filing 13

ORDER granting the United States' 10 MOTION to Stay the Order and Notice, pending resolution of the jurisdictional issues presented by the parties' various motions. Signed by Judge John T. Copenhaver, Jr. on 4/8/2011. (cc: attys; any unrepresented party) (lca)

Boggs et al v. Cintas Corporation No. 2 et al

Doc. 13

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON MARY S. BOGGS and DALE C. BOGGS, her husband Plaintiffs, v. CINTAS CORPORATION No. 2, a Nevada corporation; and JOHN DOE, as an agent, employee and servant of Cintas Corporation, Defendants and Third Party Plaintiff, v. THE UNITED STATES, JAMES CREEL, as an agent, employee and servant of the United States Postal Service, and JANE DOE, as an agent, employee and servant of the United States Postal Service, Third Party Defendants. Civil Action No. 2:11-0150

O R D E R

Pending is third party defendant the United States' motion to stay the court's order and notice, filed March 24, 2011. The parties have informed the court's law clerk that they

do not oppose the motion.

The United States asks for a stay in light of the issues presented in its motion to dismiss for lack of subject matter jurisdiction and the response of defendant/third party

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plaintiff Cintas Corporation No. 2.

The court notes as well that

the plaintiffs moved to remand on April 6, 2011, presenting an additional layer of jurisdictional issues.

For reasons appearing to the court, it is ORDERED that the United States' motion to stay be, and it hereby is, granted, and the directives of the court's order and notice, entered March 23, 2011, are STAYED pending resolution of the jurisdictional issues presented by the parties' various motions.

The Clerk is directed to forward copies of this written opinion and order to all counsel of record and any unrepresented parties. DATED: April 8, 2011

John T. Copenhaver, Jr. United States District Judge

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