Renasant Bank, Inc. v. Smithgall et al, No. 1:2015cv00459 - Document 90 (N.D. Ga. 2016)

Court Description: OPINION AND ORDER that Defendants Ray Simmons, Elaine Smithgall, and Jason Smithgall's Motion for Joinder to Motion to Stay 82 is GRANTED. IT IS FURTHER ORDERED that Defendants' Motion to Stay 80 is GRANTED IN PART and DENIED IN PART. Defendants' Motion is GRANTED, and discovery is stayed with respect to the Moving Defendants in their capacity as parties to this matter. Defendants' Motion is DENIED with respect to Defendants' request to stay preliminary deadlines, including initial disclosures, Joint Preliminary Report and Discovery Plan, and Rule 26(f) conference. Signed by Judge William S. Duffey, Jr on 4/14/2016. (anc)

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Renasant Bank, Inc. v. Smithgall et al Doc. 90 Dockets.Justia.com (“Motion for Joinder”). I. BACKGROUND On February 19, 2016, the Moving Defendants filed their Motion to Dismiss [79]. The same day, Defendants filed their Motion to Stay. On February 26, 2016, Defendants Ray Simmons, Elaine Smithgall, and Jason Smithgall filed their Motion for Joinder. In their Motion to Stay, Defendants seek a stay of: [A]ll preliminary deadlines and obligations in this action—including, without limitation, the deadlines to make initial disclosures, to conduct an early planning conference pursuant to Federal Rule of Civil Procedure 26(f) . . ., and to complete a Joint Preliminary Report and Discovery Plan—pending a final disposition of the Motion to Dismiss filed by the Moving Defendants herewith. (Mot. to Stay at 2). In support of their Motion to Stay, Defendants argue that, if the Court grants the Moving Defendants’ Motion to Dismiss, the “landscape of this litigation and the issues for discovery and discussion by the parties” will be “substantially alter[ed].” (Reply [88] at 3). Plaintiff Renasant Bank, Inc. (“Plaintiff”) argues that Defendants have not identified any “unanticipated or unforeseen circumstances that require staying or extending any deadlines in this case.” (Resp. [84] at 2-3). 2 II. DISCUSSION A. Legal Standard A district court has the discretion, under Rule 26(d)(2) of the Federal Rules of Civil Procedure, to grant a stay and alter the sequence of discovery “for the parties’ and witnesses’ convenience and in the interests of justice.” Fed. R. Civ. P. 26(d)(2). B. Analysis After consideration the parties’ arguments, the Court has determined that it is in the interests of justice to stay discovery with respect to the Moving Defendants in their capacity as parties to this matter.2 The Court denies Defendants’ Motion to Stay preliminary deadlines, including initial disclosures, Joint Preliminary Report and Discovery Plan, and Rule 26(f) conference.3 III. CONCLUSION Accordingly, for the foregoing reasons, IT IS HEREBY ORDERED that Defendants Ray Simmons, Elaine 2 Party discovery generally includes interrogatories (Federal Rule of Civil Procedure (“Rule”) 33), Requests for Production (Rule 34), and Requests for Admission (Rule 36). This stay does not preclude discovery that may be required of non-parties. 3 Defendants Ray Simmons, Elaine Smithgall, and Jason Smithgall’s Motion for Joinder to Motion to Stay is granted. 3 Smithgall, and Jason Smithgall’s Motion for Joinder to Motion to Stay [82] is GRANTED. IT IS FURTHER ORDERED that Defendants’ Motion to Stay [80] is GRANTED IN PART and DENIED IN PART. Defendants’ Motion is GRANTED, and discovery is stayed with respect to the Moving Defendants in their capacity as parties to this matter. Defendants’ Motion is DENIED with respect to Defendants’ request to stay preliminary deadlines, including initial disclosures, Joint Preliminary Report and Discovery Plan, and Rule 26(f) conference. SO ORDERED this 14th day of April, 2016. _______________________________ WILLIAM S. DUFFEY, JR. UNITED STATES DISTRICT JUDGE 4

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