Smith v. SGS North America, Inc.

Full title: TIA SMITH, Plaintiff, v. SGS NORTH AMERICA, INC., and MATTHEW REILLY…

Court: United States District Court, D. Virgin Islands, Division of St. Croix

Date published: Mar 3, 2010

1:07-cv-14 (D.V.I. Mar. 3, 2010)

Opinion

1:07-cv-14.

March 3, 2010

ORDER

GEORGE CANNON JR., Magistrate Judge

TO: Lee J. Rohn, Esq. Sharmane Davis-Brathwaite, Esq.

THIS MATTER came before the Court upon Plaintiff's Emergency Motion For Stay of Proceedings (Docket No. 139). Defendants filed an opposition to said motion, and Plaintiff filed a reply thereto.

Having reviewed the said motion and upon due consideration thereof, the Court finds that Plaintiff is entitled to a stay pursuant to the Servicemembers Civil Relief Act, specifically, 50 App. U.S.C.A. § 522. At the same time, the Court finds that the stay does not apply to the pending motion to dismiss and motion for summary judgment. Posey v. Lake Pend Oreille School Dist. No. 84, No. CV05-272-N-EJL, 2007 WL 420256 (D. Idaho February 2, 2007). Consequently, briefing shall be completed with regard to the motion for summary judgment, and the Court may render a decision upon either or both motions during the pendency of the stay.

Accordingly, it is now hereby ORDERED:

1. Plaintiff's Emergency Motion For Stay of Proceedings (Docket No. 139) is GRANTED.

2. All proceedings in the above-captioned matter, except with respect to the motion to dismiss and the motion for summary judgment, are STAYED until August 1, 2010, at which time the stay shall be lifted automatically.