Opinion
Civil Action 4:22-CV-055-MPM-JMV
09-08-2022
ARLENE ADELSHEIMER, Individually and as Personal Representative on Behalf of the Wrongful Death Beneficiaries of PHILIP E. ADELSHEIMER, Deceased PLAINTIFF v. CARROLL COUNTY, MISSISSIPPI, ET AL. DEFENDANTS
ORDER STAYING CERTAIN PROCEEDINGS
JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE.
Local Uniform Civil Rule 16(b)(3)(B) provides that “a motion asserting an immunity defense... stays .. all discovery, pending the court's ruling on the motion, including any appeal. Whether to permit discovery on issues related to a motion. [is a decision] committed to the discretion of the court, upon a motion by any party seeking relief.” L.U. CIV. R. 16(b)(3)(B).
Defendants have filed a partial summary judgement motion based on qualified immunity [19]. Accordingly, staying discovery in this case is appropriate at this time.
IT IS, THERFORE, ORDERED that the aforementioned proceedings are hereby STAYED pending a ruling on the immunity motion. Defendants shall notify the undersigned magistrate judge within seven (7) days of a decision on the immunity motion and shall submit a proposed order lifting the stay.
SO ORDERED.