Case 3:06-cv-00288-HTW-LRA Document 36 Filed 11/08/2006 Page 1 of 3

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI
JACKSON DIVISION

NICHOLAS COUGHLIN PLAINTIFF

VS. CIVIL ACTION NO. 3:06CV288-HTW-JCS

FRANKLINSQUIRES COMPANIES, LLC;

HILL ERICKSON, LLC AND C. RICK KOERBER DEFENDANTS

STAY APPLICATION TO DISTRICT JUDGE PENDING APPEAL OF

MAGISTRATE JUDGE’S DECISION

COME NOW Defendants FranklinSquires Companies, LLC (“FSC”), Hill Erickson,

LLC(“HE”) and C. Rick Koerber ( “Koerber”), by counsel, and pursuant to Rule 72.1 (B) of the

Uniform District Court Rules, files this its Motion to Stay Pending Appeal of Magistrate Judge’s

Decision and in support thereof state the following:

1. On or about October 6, 2006, Magistrate Judge James C. Sumner (“Judge Sumner”)

granted Plaintiff Coughlin’s Motion for Leave to File Amended Complaint. The Court’s October 6,

2006 order is incorporated herein by reference.

2. On October 19, 2006, pursuant to Rule 72.1 (A) of the Uniform District Court Rules,

FSC, HE and Koerber filed their Appeal of Magistrate Judge’s Decision. Such appeal is incorporated

herein by reference pursuant to F.R.C.P. 10.

3. On October 19, 2006, Coughlin filed his Amended Complaint prior to the deadline

for FSC, HE and Koerber to file their appeal pursuant to Rule 72.1 (A) of the Uniform District Court

Rules.

4. On or about October 19, 2006, pursuant to Rule 72.1(B) of the Uniform District

Court Rules, Defendants FSC, HE and Koerber filed a Motion to Stay Pending Appeal of Magistrate

Judge’s Decision wherein the defendants sought a stay from Judge Sumner of his October 6, 2006
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order granting Plaintiff Coughlin’s Motion for Leave to Amend Complaint. On November 6, 2006,

Judge Sumner entered a “text-only order” denying the stay request of Defendants FSC, HE and

Koerber.

5. Pursuant to the requirements Rule 72.1(B) of the Uniform District Court Rules, the

undersigned counsel certifies that a stay request was made to Judge Sumner and that such request

was denied as set forth herein.

6. Pursuant to Rule 72.1 (B) of the Uniform District Court Rules, Defendants FSC, HE

and Koerber request that the Court stay Judge Sumner’s October 6, 2006 ruling and/or order which

granted Coughlin leave to file an Amended Complaint pending the appeal of Defendants FSC, HE

and Koerber pursuant to Rule 72.1 (A). This is particularly so since the order granted Coughlin leave

to add HE’s insurer as a defendant in this action based upon Coughlin’s Lis Pendens Notice filed in

relation to the Brantley Property, which has been destroyed by fire. For a fuller explanation as to why

a stay is appropriate, Defendants FSC, HE and Koerber direct the Court’s attention to paras. 4 and

5 to of the Appeal of Magistrate Judge’s Decision, incorporated herein by reference pursuant to

F.R.C.P. 10.

WHEREFORE, PREMISES CONSIDERED, Defendants Koerber, FSC and HE respectfully

request that the Court stay Judge Sumner’s October 6, 2006 ruling and/or order which granted

Coughlin leave to file an Amended Complaint pending the appeal of Defendants FSC, HE and

Koerber pursuant to Rule 72.1 (A) and award the defendants any further or alternate relief the Court

deems appropriate.

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Respectfully submitted this the 8th day of November, 2006.

Defendants FranklinSquires Companies, LLC,

Hill Erickson, LLC and C. Rick Koerber

BY: s/Eddie J. Abdeen (MSB#9321)

ONE OF THEIR ATTORNEYS

ATTORNEYS FOR DEFENDANT

C. RICK KOERBER:
EDDIE J. ABDEEN, ESQ. (MSB #9321)
Attorney at Law
Post Office Box 2134
Madison, Mississippi 39130
Telephone: 601-607-4750
Facsimile: 601-427-0040

R. PAUL RANDALL, JR., ESQ. (MSB # 99960)

Willoughby, McCraney & Randall, PLLC
451 Northpark Drive, Suite A
Ridgeland, Mississippi 39157
Telephone: 601-956-2615
Facsimile: 601-956-2642

CERTIFICATE OF SERVICE

I hereby certify that on November 8, 2006, I electronically filed the foregoing with the

Clerk of the Court using the ECF System which sent notification of such filing to the following:

Xavier M. Frascona, Jr.

J. Fredrick Ahrend
Matthew Hetzel
FRASCOGNA COURTNEY, PLLC
P. O. Box 23126
Jackson, MS 39225

s/Eddie J. Abdeen

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