Opinion
Case No. 3:10-cv-695-J-20TEM
10-25-2011
JOANN COOPER, individually, and as next friend of D.C., Plaintiff, v. JOHN RUTHERFORD, in his official capacity as Sheriff of the Consolidated City of Jacksonville and Duval County, Florida, et al., Defendants.
ORDER
This cause is before this Court on Defendants' Joint Motion to Stay Proceedings (Dkt. 38) and Plaintiff's response thereto (Dkt. 41). An interlocutory appeal has been taken concerning this Court's Order (Dkt. 36) denying Defendant Black's motion to dismiss. In this motion, Defendant Black and Defendant Rutherford jointly seek a stay on all proceedings pending the outcome of that appeal. Plaintiff does not object to this Court granting Defendants' motion with respect to the scheduling of the trial and trial related deadlines, but request that she be permitted to proceed with discovery.
Accordingly, it is hereby ORDERED:
1. Defendants' Joint Motion to Stay Proceedings (Dkt. 38) is GRANTED in Part to the extent that this Court will stay the scheduling of the trial and trial related deadlines in this case;
2. The motion is DENIED in Part to the extent that Plaintiff is permitted to engage in discovery in this case until August 3, 2012. However, Plaintiff will not be permitted to engage in discovery as to Defendant Black; and
3. The parties are, further, DIRECTED to file a Case Management Report within fourteen (14) days of the date that Defendant Black's interlocutory appeal is resolved before the Circuit Court.
DONE AND ENTERED at Jacksonville, Florida, this 25th day of October, 2011.
HARVEY E. SCHLESINGER
UNITED STATES DISTRICT JUDGE
Copies to:
Bryan E. DeMaggio, Esq
D. Gray Thomas, Esq.
Stephen J. Powell, Esq.
Howard M. Maltz, Esq.
Paul A. Daragjati, Esq.