BIANCHINI v. CITY OF JACKSON, 3:16-CV-510-DPJ-FKB. (2017)
Court: District Court, S.D. Mississippi
Number: infdco20170925d07
Visitors: 14
Filed: Sep. 22, 2017
Latest Update: Sep. 22, 2017
Summary: ORDER DANIEL P. JORDAN, III , District Judge . Defendant Lee Vance asks the Court to require Plaintiff Tina Bianchini to file a Rule 7(a) reply detailing her 1983 claims against him in in his individual capacity. Vance has asserted qualified immunity, and pursuant Schultea v. Wood, the Court agrees that a Rule 7(a) reply is appropriate. 47 F.3d 1427 (5th Cir. 1995). Vance also seeks a stay of discovery, pending resolution of his qualified immunity defense, which is likewise granted. 1
Summary: ORDER DANIEL P. JORDAN, III , District Judge . Defendant Lee Vance asks the Court to require Plaintiff Tina Bianchini to file a Rule 7(a) reply detailing her 1983 claims against him in in his individual capacity. Vance has asserted qualified immunity, and pursuant Schultea v. Wood, the Court agrees that a Rule 7(a) reply is appropriate. 47 F.3d 1427 (5th Cir. 1995). Vance also seeks a stay of discovery, pending resolution of his qualified immunity defense, which is likewise granted. 1 ..
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ORDER
DANIEL P. JORDAN, III, District Judge.
Defendant Lee Vance asks the Court to require Plaintiff Tina Bianchini to file a Rule 7(a) reply detailing her § 1983 claims against him in in his individual capacity. Vance has asserted qualified immunity, and pursuant Schultea v. Wood, the Court agrees that a Rule 7(a) reply is appropriate. 47 F.3d 1427 (5th Cir. 1995). Vance also seeks a stay of discovery, pending resolution of his qualified immunity defense, which is likewise granted.1
Defendant Vance's motions for a Rule 7(a) reply [69] and for a stay of discovery [71] are granted as unopposed. Plaintiff is directed to file a Rule 7(a) reply within thirty (30) days of this Order. Discovery is stayed for sixty (60) days to allow Vance to review the reply and file a motion raising his qualified-immunity defense. If such a motion is filed, the stay is automatically extended until resolution of that motion. If no motion is filed, the stay will be lifted.
SO ORDERED AND ADJUDGED.
FootNotes
1. Plaintiff did not respond in opposition to the motions, and the time to do so has passed. See L.U. Civ. R. 7(b)(3)(E) ("If a party fails to respond to any motion, other than a dispositive motion, within the time allotted, the court may grant the motion as unopposed.").
Source: Leagle
