United States District Court, N.D. Mississippi, Oxford Division
ORDER DENYING MOTION TO STAY
M. VIRDEN UNITED STATES MAGISTRATE JUDGE
THE COURT are Defendant Torrey Mitchell's motion
 to stay discovery pending the outcome of the criminal
trial of Lane Mitchell, a non-party, and supporting
memorandum . On November 26, 2019, Defendant The
Tallahatchie Gourmet, L.L.C., filed its joinder  to the
motion and on December 2, Plaintiff filed his response 
in opposition and supporting memorandum . For the reasons
given below, the motion is DENIED.
motion, Torrey 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 ¶
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.
Torrey avers that his counsel has been assured that following
the resolution of Lane's criminal case, he will cooperate
and provide testimony ...