France v. Grant et al
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?