Riley v. Prescott, City of et al

Filing 327

ORDER that Defendants' Motion to Stay (Doc. 316 ) the trial proceedings pending the outcome of Defendant Marlin Kuykendall's interlocutory appeal on the issue of qualified immunity is Granted. The Court will not schedule the trial until after the Ninth Circuit Court of Appeals rules on Defendants' interlocutory appeal. Signed by Senior Judge James A Teilborg on 4/1/2014.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Kay Anne Riley,

No. CV-11-08123-PCT-JAT

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Plaintiff,

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v.

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ORDER

City of Prescott, Arizona, a political
subdivision; Marlin Kuykendall,
individually and in his official capacity as
Mayor of the City of Prescott, and Tana
Kuykendall, husband and wife,

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Defendants.

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Pending before the Court are defendant City of Prescott, Marlin Kuykendall, and

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Tana Kuykendall’s (collectively, the “Defendants”) Motion to Stay (Doc. 316) the trial

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proceedings pending the outcome of Defendant Marlin Kuykendall’s interlocutory appeal

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on the issue of qualified immunity. Plaintiff filed a Response (Doc. 321) and Defendants

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filed a Reply (Doc. 323). Upon consideration of the Parties’ arguments and a weighing of

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the efficiencies, the Court grants Defendants’ Motion.

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Accordingly,

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IT IS ORDERED that Defendants’ Motion to Stay (Doc. 316) the trial

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proceedings pending the outcome of Defendant Marlin Kuykendall’s interlocutory appeal

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on the issue of qualified immunity is Granted. The Court will not schedule the trial until

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after the Ninth Circuit Court of Appeals rules on Defendants’ interlocutory appeal.

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Dated this 1st day of April, 2014.

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