Davis v. Braun et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Sheldon George Davis, 	)
) 	ORDER
Plaintiff, 	)
)
v. 	)
)
North Dakota Department of Corrections 	)
and Rehabilitation, Director Colby Braun, 	)
) 	Case No. 1:24-cv-122
Defendants. 	)
On January 2, 2025, the court issued an order setting a scheduling conference for February
20, 	2025, 	at 	9:00 	AM 	by 	telephone 	and 	directing 	the 	parties 	to 	submit 	a 	proposed
scheduling/discovery plan prior to the conference.
On February 15, 2025, Defendants filed a Motion to Dismiss for Lack of Jurisdiction and
Motion to Stay Submission of the Proposed Scheduling Plan. (Doc. Nos. 26 and 29). Defendant
asserts that Plaintiff has been provided the relief he was seeking, that this matter is moot, and that
it would be a more efficient use of everyone’s resources if the court stayed its directive to submit
a discovery plan until after everyone has had an opportunity to discuss the posture of this case at
the upcoming conference.
The court finds it prudent to first address the posture of this case with parties before
requiring them to submit a proposed scheduling/discovery plan. Accordingly, the court GRANTS
Defendant’s Motion to Stay Submission of the Proposed Scheduling Plan (Doc. No. 29). 	The
parties need not submit a proposed plan unless and until otherwise directed by the court. 	The
scheduling conference shall proceed as scheduled on February 20, 2025. 	The parties shall
participate in the conference virtually. Instructions on how to connect virtually have been provided
to the parties by separate email.
Case 1:24-cv-00122-DLH-CRH Document 30 Filed 02/19/25 Page 1 of 2

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IT IS SO ORDERED.
Dated this 19th day of February, 2025.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
Case 1:24-cv-00122-DLH-CRH Document 30 Filed 02/19/25 Page 2 of 2