Harris v. Rambosk et al

Filing 188

ORDER granting defendant's 177 Motion to Stay; denying without prejudice defendant's 144 Motion in Limine; denying without prejudice defendant's 145 Motion in Limine; denying without prejudice plaintiff's 147 Motion in Limine; denying without prejudice Plaintiff's 148 Motion in Limine; denying without prejudice defendant's 150 Motion in Limine. See Order for details. Signed by Judge John E. Steele on 11/7/2019. (CMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
ROBERT DALE HARRIS,
Plaintiff,
v.

Case No:

2:18-cv-17-FtM-29MRM

KEVIN
RAMBOSK,
in
his
official capacity as Sheriff
of Collier County, Florida,
KASEY
P.
WINGO,
individually,
MICHAEL
D.
CHAPMAN, individually, SCOTT
PEPIN,
individually,
and
ROSS ANTHONY, individually,
Defendants.
ORDER
This matter comes before the Court on defendant Kasey P.
Wingo’s Unopposed Motion to Stay Proceedings Pending Appeal (Doc.
#177) filed on November 6, 2019.

On November 5, 2019, the Court

granted in part and denied in part (Docs. ##173, 174, 175) the
motions for summary judgment filed by defendants Kasey P. Wingo
(Defendant Wingo), Michael D. Chapman (Defendant Chapman), and
Scott Pepin (Defendant Pepin).

On November 6, 2019, the Court

granted (Doc. #183) defendant Kevin Rambosk’s motion for summary
judgment.

There

are

no

remaining

claims

asserted

against

defendant Kevin Rambosk.
On November 6, 2019, Defendant Wingo filed a Notice of Appeal
(Doc. #176) and seeks to appeal the Court’s Opinion and Order (Doc.

#173)

denying

in

part

Defendant

Wingo’s

request

judgment on the basis of qualified immunity.

for

summary

Defendant Wingo

filed the instant Unopposed Motion to Stay Proceedings Pending
Appeal on November 6, 2019. (Doc. #177.)

Defendant seeks to

continue the trial scheduled for November 12, 2019 and to stay all
proceedings in this case, pending the resolution of his appeal.
Defendants Chapman and Pepin have filed notices of joinder in and
adoption of Defendant Wingo’s motion to stay.

(Docs. ##181, 185.)

Defendant Wingo’s unopposed request is granted.

The Court

will therefore cancel the current deadlines, and stay the case
pending resolution of Defendant Wingo’s appeal.

The Court also

denies the pending motions in limine (Docs. ##144, 145, 147, 148,
150)

without

prejudice

to

refiling

after

the

resolution

of

Defendant Wingo’s appeal.
Accordingly, it is hereby
ORDERED:
1.

Defendant Kasey P. Wingo’s Unopposed Motion to Stay

Proceedings Pending Appeal (Doc. #177) is GRANTED.

The trial term

is cancelled and the case is stayed pending further Order of the
Court.
2.

Defendant Scott Pepin’s Motion in Limine (Doc. #144) is

DENIED WITHOUT PREJUDICE.
3.

Defendant Michael D. Chapman’s Motion in Limine (Doc.

#145) is DENIED WITHOUT PREJUDICE.

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4.

Plaintiff’s

Motion

in

Limine

(Doc.

#147)

is

DENIED

Motion

in

Limine

(Doc.

#148)

is

DENIED

WITHOUT PREJUDICE.
5.

Plaintiff’s

WITHOUT PREJUDICE.
6.

Defendant Kasey P. Wingo’s Motion in Limine (Doc. #150)

is DENIED WITHOUT PREJUDICE.
DONE and ORDERED at Fort Myers, Florida, this
November, 2019.

Copies:
Counsel of Record

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7th

day of