Case 3:06-cv-00288-HTW-LRA Document 32 Filed 10/19/2006 Page 1 of 4

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

MOTION TO STAY PENDING APPEALOF 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. Pursuant to Rule 72.1 (B) of the Uniform District Court Rules, FSC, HE and Koerber

request that Judge Sumner stay his October 6, 2006 ruling and/or order which granted Coughlin

leave to file an Amended Complaint pending the appeal of FSC, HE and Koerber pursuant to Rule
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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,

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, Koerber, FSC and HE respectfully request that

the Court stay its October 6, 2006 ruling and/or order which granted Coughlin leave to file an

Amended Complaint pending the appeal of FSC, HE and Koerber pursuant to Rule 72.1 (A) and

award the defendants any further or alternate relief the Court deems appropriate.

Respectfully submitted this the 19th day of October, 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

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CERTIFICATE OF SERVICE

I hereby certify that on October 19, 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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