Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rogers v. The Tallahatchie Gourmet, L.L.C.

United States District Court, N.D. Mississippi, Oxford Division

December 11, 2019

RUSSELL ROGERS PLAINTIFF
v.
THE TALLAHATCHIE GOURMET, L.L.C. AND TORREY MITCHELL DEFENDANTS

          ORDER DENYING MOTION TO STAY

          JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE

         BEFORE THE COURT are Defendant Torrey Mitchell's motion [32] to stay discovery pending the outcome of the criminal trial of Lane Mitchell, a non-party, and supporting memorandum [33]. On November 26, 2019, Defendant The Tallahatchie Gourmet, L.L.C., filed its joinder [34] to the motion and on December 2, Plaintiff filed his response [35] in opposition and supporting memorandum [36]. For the reasons given below, the motion is DENIED.

         In his motion, Torrey[1] makes the following assertions:

1. This lawsuit arises out of a stabbing incident that allegedly occurred on February 9, 2019, at Co-Defendant Tallahatchie Gourmet's premises. See Amended Complaint, D.E. #22, at ¶ 10.
2. On February 9, 2019, Plaintiff was present at Defendant Tallahatchie Gourmet's premises. Id. at ¶ 7.
3. On February 6, 2019, Defendant Torrey Mitchell was employed by Tallahatchie Gourmet and was working as the on-duty manager. Id. at ¶ 8.
4. Plaintiff alleges that while on the premises at Tallahatchie Gourmet he was stabbed in the neck by Lane Mitchell, the son of Defendant Torrey Mitchell. Id. at ¶ 10.
5. Lane Mitchell was not named as a defendant in this matter. Lane Mitchell was a high school senior at the time of this incident and was scheduled to receive his Eagle Scout Badge the next day at church.
6. Lane Mitchell has been charged with attempted murder, simple. His case is currently pending in the Union County Circuit Court, Cause No. CR2019-129.
7. Plaintiff's claims against the Defendants all arise out of the alleged criminal actions of Lane Mitchell.
8. Lane Mitchell's criminal defense attorneys have instructed him not to answer any questions regarding this incident or discuss his pending criminal case with anyone.
9. If Lane Mitchell is subpoenaed to testify at deposition, his criminal defense attorneys have confirmed they will instruct their client to refuse to answer questions and invoke his Fifth Amendment right to remain silent.
10. Counsel for this Defendant cannot prepare an appropriate defense of their client without information, cooperation and assistance from Lane Mitchell, which is vital in order to explain the actions of Lane Mitchell.

         Ultimately, Torrey avers that his counsel has been assured that following the resolution of Lane's criminal case, he will cooperate and provide testimony ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.