Pistor et al v. Garcia et al
Filing
192
ORDER: IT IS ORDERED denying the county defendants' Motion for Stay 174 . (See attached PDF for further details). Signed by Senior Judge Frederick J Martone on 1/29/14.(JAMA)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Rahne Pistor, et al,
Plaintiff,
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vs.
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Carlos Garcia et al,
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Defendant.
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No. CV-12-00786-PHX-FJM
ORDER
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The court has before it the Gila County defendants’ Motion to Stay Trial Pending
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Interlocutory Appeal (doc. 174), plaintiffs’ Response (doc. 176), and defendants’ Reply (doc.
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191).
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The rash filing of interlocutory appeals has needlessly interfered with the smooth
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processing of this case. First, the tribal defendants insisted on an interlocutory appeal, when
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an early motion for summary judgment would likely have ended the case as to them months
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ago. We have seen a lot of evidence and none of it points to the tribal defendants acting
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under color of state law. But this was not good enough for the tribal defendants, so they are
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bogged down in an interlocutory appeal from an order entered at the pleading stage. This just
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adds to the expense and delay of litigation.
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Now, on the eve of trial, the county defendants have filed an interlocutory appeal from
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an order denying summary judgment on a defense of qualified immunity. See Mitchell v.
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Forsyth, 105 S. Ct. 2806, 2817 (1985). They seek a stay of the trial and complain that they
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should not be “punished” for exercising a right to appeal. Motion at 4. But just because one
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can take an interlocutory appeal does not mean it is always wise to do so. It is one thing to
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take such an appeal at an early point in the case. But to take one on the eve of trial creates
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problems without any accompanying benefit. A major purpose of allowing an interlocutory
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appeal from the denial of a claim of qualified immunity is to achieve the benefit of
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immunity–litigation and trial avoidance. But once you have litigated to the point of trial, you
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have lost most of the benefit to be derived from an otherwise piecemeal approach. It would
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have been wiser to forego the interlocutory appeal and go to trial. If you prevail, the issue
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is moot. If you do not, the issue is preserved for appellate review.
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There is little left to try at this point. Contrary to plaintiffs’ contention, all that is left
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is the damages claim of Pistor for battery and false imprisonment. This will not take long.
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And it will give the parties a good measure of the case.
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Even though the tribal defendants’ interlocutory appeal has been pending since
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September 18, 2012 (doc. 47), the county defendants argue that a stay will not delay the case
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“for very long.” Motion at 4. On the contrary, the delay is likely to be protracted.
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The factors to consider in granting or denying a stay are similar to those considered
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in granting or denying preliminary injunctive relief. The first is probability of success on the
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merits. We think it highly improbable that the county defendants will prevail on the merits
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of their qualified immunity defense. Indeed, they misstate the court’s basis for concluding
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that there was no probable cause by relying exclusively on a passing comment while ignoring
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the substance of the court’s analysis. Compare Motion at 3 with Order of Jan 13, 2014 at 6-8
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(doc. 168).
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A weighing of harms tilts greatly in favor of denying a stay. The county defendants’
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harms are largely self inflicted. They can achieve unitary adjudication by dismissing the
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improvidently filed interlocutory appeal, preserving their issue for appeal, if necessary, after
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final judgment.
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recovery. While a party may recover multiple judgments, it is entitled to but one satisfaction.
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The harm caused by delay are substantial–added expense and the languishing on the docket
Moreover, the issues are easily ameliorated. There will be no double
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of a stale case. All of the documents we need for trial have already been filed. The jurors
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have been summonsed. The final pretrial conference will be held on Wednesday, February
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5th. The trial will follow on Tuesday, February 11th. In contrast to the harm caused to the
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court and the public, plaintiffs’ lack of opposition to a stay is entitled to little weight.
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Lawyers, unlike their clients, sometimes prefer delay.
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The public interest, too, is served by denying a stay. The public is tired of the cost
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and delay associated with civil litigation. It is a major factor in the public’s loss of
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confidence in our system of justice. These considerations led to the enactment of 28 U.S.C.
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§§471-82, which contemplate “firm trial dates” occurring “within eighteen months after the
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filing of the complaint.” Id. at § 473(a)(2)(B).
After a case is set for trial, “it shall not be continued except as justice requires.”
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LRCiv. 40.2(b).
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continuance here. For all of these reasons, it is ORDERED DENYING the county
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defendants’ Motion for Stay. (Doc. 174).
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The county defendants have failed to show that justice requires a
DATED this 29th day of January, 2014.
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