France v. Grant et al

Filing 66

ORDER granting 65 Motion to Stay; Deputy Dapp terminated. This order gives further direction to attorney. Signed by Honorable Jimm Larry Hendren on October 8, 2008. (ct)

IN THE UNITED STATES DISTRICT COURT W E ST E RN DISTRICT OF ARKANSAS F A YE T TE V IL L E DIVISION T R AV I S FRANCE v. D E PU T Y GRANT and D E PU T Y DAPP ORDER N o w on this 8 t h day of October, 2008, comes on for consideration s e pa r at e defendant Deputy Dapp's Motion for Stay of Proceedings (Doc. 6 5 ). The Court, being well and sufficiently advised, hereby finds N o . 06-5226 D E FE N DA N TS PLAINTIFF

a n d orders as follows with respect thereto: 1. P u rs u an t to 50 U.S.C. App. § 522, Deputy Dapp's Motion

( D oc . 65) is hereby GRANTED to the extent that plaintiff's claims a g ai n s t Deputy Dapp are hereby stayed until he returns from his d e pl o ym e nt to Iraq. Within 14 days of Deputy Dapp's return, defense Defense

c o u n s e l is directed to file a motion to lift the stay.

c o un s el shall specify in that motion whether there is any outstanding d i sc o ve r y to be conducted. A scheduling order will then issue

s e tt i ng plaintiff's claims against Deputy Dapp for trial. 2. P l ai n ti f f' s claims against separate Defendant Deputy Grant

w i ll not be stayed, as the two defendants are being sued for their i n di v id u al actions ­ Deputy Grant for using excessive force and D e pu t y Dapp for failing to intervene to protect the plaintiff.

P l ai n ti f f' s claims against Deputy Grant will proceed to trial, as s c he d ul e d, on February 2, 2009. I T IS SO ORDERED.

/ S /J I MM LARRY HENDREN JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE