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)

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

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