IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

WENDY KERNECHEL

 

Plaintiff,

v.

UNITED STATES OF AMERICA and 

OFFICER JIMMY HIGHSMITH,

Defendants.

Case No. 4:20-cv-00078-WS-MJF

MOTION TO STAY

Defendant United States of America moves the Court to stay this civil action

for one hundred and eighty (180) days, with the scheduling of a status conference at 

approximately ninety (90) days following the entry of the stay. In support thereof, 

the United States sets forth as follows:

1. On February 10, 2020, Plaintiff Wendy Kernechel filed this lawsuit 

against Defendants United States and Bureau of Prisons Correctional Officer Jimmy 

Highsmith. ECF No. 1. 

2. On June 19, 2020, the United States filed its Answer. ECF No. 6. 

3. On July 10, 2020, Plaintiff amended her Complaint. ECF No. 7.

4. On July 24, 2020, the United States moved to strike the Amended 

Complaint, and Plaintiff responded on August 5, 2020. ECF Nos. 10, 11.

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5. The present case, of course, is brought against the United States and 

against Correctional Officer Jimmy Highsmith in his individual capacity.

6. There are two other active cases pending in the Northern District of 

Florida involving similar allegations as in the instant case against the United States, 

Jimmy Highsmith, and other current and former Bureau of Prisons employees in 

their individual capacities. Specifically, they are J.C. v. Highsmith et al., Case 

Number 4:20-cv-00283-AW-MAF and J.P. v. Highsmith et al., Case Number 4:20-

cv-00317-AW-MAF.

7. On August 20, 2020, counsel for the United States, joined by counsel 

for the Plaintiff, moved to stay each case respectively for 180 days.

8. On August 25, 2020, the Court granted the Motion to Stay. Each case 

was stayed respectively for 180 days. Simultaneously, a status conference for the 

cases was scheduled for November 12, 2020.

9. Prior to the Motion to Stay in the J.C. and J.P. cases, the United States

had explained in a previous filing in support of a different motion that, “[a] reply 

under seal [would be] necessary to refrain from public comment on potential 

criminal investigations and is supported by Northern District Local Rule 44.4(B), 

prohibiting the release of certain information.” The same information as in that reply 

provided support for the Motions to Stay in those cases.

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10. A district court has broad discretion to stay proceedings incidental to 

its power to control the cases on its own docket. Landis v. N. Am. Co., 299 U.S. 248, 

254 (1936). Under the Northern District of Florida Local Rules and the applicable 

policies and procedures, the Civil Division of the United States Attorney’s Office 

remains unable to comment in a publicly filed civil pleading on the investigative 

status of a criminal matter, including the grounds for the stay sought herein. Should 

the Court here require the same information filed under seal in the J.C. and J.P.

cases, Defendant United States would anticipate needing to file that information 

under seal in the instant case as well. 

WHEREFORE, the United States requests the Court enter an Order staying 

this case for 180 days, and granting any other relief it deems just and proper.

LOCAL RULE 7.1(B) CERTIFICATION

I HEREBY CERTIFY that I have contacted counsel for Plaintiff by email on 

Friday, August 21, 2020 and Tuesday, August 25, 2020 and discussed this motion 

by telephone on Monday, August 24, 2020. They are presently considering their 

positon with respect to the relief sought. 

LOCAL RULE 7.1(F)

I HEREBY CERTIFY that this memorandum contains _____ words, per 

Microsoft Word’s word count, which complies with the word limit requirements set 

forth in Local Rule 7.1(F).

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Respectfully submitted,

LAWRENCE KEEFE

United States Attorney

/s/ Peter Fisher

KATHRYN W. DREY, ESQ.

Assistant United States Attorney

Florida Bar No. 142492

Email: kathryn.drey@usdoj.gov

MARY ANN COUCH, ESQ. 

Assistant United States Attorney 

Florida Bar No. 0098917

Email: mary.ann.couch@usdoj.gov

PETER G. FISHER. ESQ.

Assistant United States Attorney 

Florida Bar No. 413010

Email: peter.fisher@usdoj.gov

MARIE A. MOYLE, ESQ.

Assistant United States Attorney

Florida Bar No. 1003498

Email: marie.moyle@usdoj.gov 

111 N. Adams Street, 4th Floor 

Tallahassee, FL 32301

Telephone: 850-942-8430

Fax: 850-942-8466

Counsel for the United States of America

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