Berry v. Davis et al

Filing 62

ORDER STAYING CASE and proceedings including the trial schedule to begin on Monday December 16, 2013, pending the Eight Circuit's ruling. Signed by Honorable Robert T. Dawson on December 2, 2013. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CONNIE BERRY and J.W. BERRY, Individually and as Co-Administrators of the Estate of ERIC W. BERRY, v. PLAINTIFFS Case No. 2:12-CV-2269-RTD BRANDON DAVIS, and THE CITY OF FORT SMITH DEFENDANTS ORDER Defendants have filed a Notice of Appeal (Doc. 59) on the Court’s denial immediately of appeal qualified a district immunity. court’s “A defendant denial immunity under the collateral order doctrine.” of may qualified Twiggs v. Selig, 679 F.3d 990, 993 (8th Cir. 2012) (citing Ottman v. City of Independence, Mo., 341 F.3d 751, 755-56 (8th Cir. 2003)). Based on the foregoing, the Court orders a STAY of the proceedings, including the trial scheduled to begin Monday, December 16, 2013, pending the Eighth Circuit’s ruling. IT IS SO ORDERED this 2nd day of December, 2013. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge Page 1 of 1

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