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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