The opinion of the court was delivered by: J. RAY, Magistrate Judge
Plaintiff, who is represented by counsel, has commenced this §
1983 action alleging that Defendants violated his constitutional
rights while he was incarcerated at the Crittenden County
Detention Center ("CCDC"). See docket entries #2 and #7. The
case is currently scheduled to proceed to an Evidentiary
Hearing/Trial on December 6, 2005. See docket entry #56.
On September 22, 2005, Defendants filed an Unopposed Motion for
Stay and a Supporting Brief. See docket entries #59 and #60. In
those pleadings, Defendants state that separate Defendant Leon
Haley, the Chief Jailer of the CCDC, has recently been deployed
with his National Guard Unit to the Gulf Coast area to assist in
the clean-up efforts in the wake of hurricane Katrina. Id.
Defendants further contend that, pursuant to the Servicemember
Civil Relief Act, 50 App. U.S.C. 501, et seq., Defendant Haley is
entitled to a stay of this action until the conclusion of his
deployment. Id. Because Defendants do not "expect the
activation of Defendant Haley's unit to be a lengthy deployment,"
they request that the case be stayed for 90 days, subject to a
future extension if necessary. See docket entry #59 at ¶ 3.
Finally, Defendants affirmatively state that Plaintiff joins in
their request for a stay. See docket entry #59 at ¶ 4. The Court is anxious to resolve this case, which was: (1)
commenced on October 10, 2002; and (2) "indefinitely continued"
from February 26, 2004 until April 28, 2005, while Defendant
Robert Bretherick, the CCDC Head Administrator, was being tried
in the criminal matter of United States v. Bretherick,
4:04CV0009 JMM. See docket entries #1, #45 and #47. However,
the Court finds the parties' mutual request for a stay to be
reasonable and well-founded in the law. See 50 App. U.S.C. §
522 (providing that a court "shall" stay, "for a period of not
less than 90 days" and subject to extension, a civil proceeding
in which a plaintiff or defendant is actively engaged in military
Accordingly, the Court will grant the Motion with instructions
that the parties file, within 90 days of the entry of this Order,
a Joint Status Report indicating whether it is necessary to
extend the stay and, if not, when the soonest possible date
that this case can be set for an evidentiary hearing/trial.
IT IS THEREFORE ORDERED that:
1. Defendants' Unopposed Motion for Stay (docket entry #59) is
GRANTED, and this case is STAYED.
2. Defendants shall file, within ninety days of the entry of
this Order, a Joint Status Report containing the information
specified in this Order.
3. The December 6, 2005 Evidentiary Hearing/Trial is CANCELED,
and the July 11, 2005 Second Amended and Final Scheduling Order
(docket entry #56) is VACATED.
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