LESLIE v. HANCOCK COUNTY BOARD OF EDUCATION, 5:11-CV-497(MTT). (2012)
Court: District Court, M.D. Georgia
Number: infdco20120813616
Visitors: 4
Filed: Aug. 10, 2012
Latest Update: Aug. 10, 2012
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiffs' Motion for Leave to Amend (Doc. 13) and the Parties' Consent Motion to Stay the Proceedings Pending Resolution of Matter on Appeal (Doc. 17). For the following reasons, both Motions are GRANTED. Prior to the Parties moving to stay the proceedings, the Plaintiffs move to amend their complaint and substitute Hancock County School District for Defendant Hancock County Board of Education. The Defendants
Summary: ORDER MARC T. TREADWELL, District Judge. This matter is before the Court on the Plaintiffs' Motion for Leave to Amend (Doc. 13) and the Parties' Consent Motion to Stay the Proceedings Pending Resolution of Matter on Appeal (Doc. 17). For the following reasons, both Motions are GRANTED. Prior to the Parties moving to stay the proceedings, the Plaintiffs move to amend their complaint and substitute Hancock County School District for Defendant Hancock County Board of Education. The Defendants ..
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ORDER
MARC T. TREADWELL, District Judge.
This matter is before the Court on the Plaintiffs' Motion for Leave to Amend (Doc. 13) and the Parties' Consent Motion to Stay the Proceedings Pending Resolution of Matter on Appeal (Doc. 17). For the following reasons, both Motions are GRANTED.
Prior to the Parties moving to stay the proceedings, the Plaintiffs move to amend their complaint and substitute Hancock County School District for Defendant Hancock County Board of Education. The Defendants did not respond to the Plaintiffs' motion. However, both parties agree that the Hancock County School District, not the Hancock County Board of Education is the proper defendant.1 Although the Court's Order on the Defendants' Motion to Dismiss is pending appeal, whether the Hancock County School Board is the proper entity is not the issue. The Defendants have requested the Eleventh Circuit "assume pendant party appellate jurisdiction" of whether the entity can be held liable; however, the merits of the pending appeal are with regard to the individual Defendants' liability. Accordingly, the Court GRANTS the Plaintiffs' Motion for Leave to Amend, and the Hancock County School District is substituted for the Hancock County Board of Education as the proper party.
Further, the Consent Motion to Stay the Proceedings is GRANTED.
SO ORDERED.
FootNotes
1. In fact, in the Motion to Stay, the Defendants' refer to the entity-defendant as the Hancock County School District, rather than the Hancock County Board of Education. (Doc. 17).
Source: Leagle
