Young v. NHE, Inc.

N.D. Mississippi

Young v. NHE, Inc.

DecidedMay 2, 2024

Docket4:24-cv-00010

StatusUnknown

This text of Young v. NHE, Inc. (Young v. NHE, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Young v. NHE, Inc., (N.D. Miss. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

KATIE YOUNG PLAINTIFF

VS. CIVIL ACTION NO. 4:24-CV-10-DMB-JMV

NHE, INC. DEFENDANT

ORDER STAYING CASE

Having reviewed the instant case, but making no comment about the merits thereof, the Court sua sponte finds that this case should be stayed pending a resolution of the Defendant’s motion to dismiss for failure to state a claim [Doc. 8]. This Court “has ‘broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined.’” Fujita v. United States, 416 F. App'x 400, 402 (5th Cir. 2011) (quoting Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987)). Pursuant to Federal Rule of Civil Procedure 26(c), “the court may stay discovery for ‘good cause,’ such as a finding that further discovery will impose undue burden or expense without aiding the resolution of the dispositive motions.” Id. IT IS, THEREFORE, ORDERED that the aforementioned proceedings are hereby STAYED pending the earlier of September 30, 2024, or a ruling on the motion to dismiss for failure to state a claim. Defendant shall notify the undersigned magistrate judge within seven (7) days of a decision on the motion to dismiss and shall submit a proposed order lifting the stay. SO ORDERED this, the 2nd day of May, 2024.

/s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

KATIE YOUNG PLAINTIFF

VS. CIVIL ACTION NO. 4:24-CV-10-DMB-JMV

NHE, INC. DEFENDANT

ORDER STAYING CASE

Having reviewed the instant case, but making no comment about the merits thereof, the Court sua sponte finds that this case should be stayed pending a resolution of the Defendant’s motion to dismiss for failure to state a claim [Doc. 8]. This Court “has ‘broad discretion and inherent power to stay discovery until preliminary questions that may dispose of the case are determined.’” Fujita v. United States, 416 F. App'x 400, 402 (5th Cir. 2011) (quoting Petrus v. Bowen, 833 F.2d 581, 583 (5th Cir. 1987)). Pursuant to Federal Rule of Civil Procedure 26(c), “the court may stay discovery for ‘good cause,’ such as a finding that further discovery will impose undue burden or expense without aiding the resolution of the dispositive motions.” Id. IT IS, THEREFORE, ORDERED that the aforementioned proceedings are hereby STAYED pending the earlier of September 30, 2024, or a ruling on the motion to dismiss for failure to state a claim. Defendant shall notify the undersigned magistrate judge within seven (7) days of a decision on the motion to dismiss and shall submit a proposed order lifting the stay. SO ORDERED this, the 2nd day of May, 2024.

/s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE

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