Shimon et al v. Sewerage & Water Board of New Orleans

Filing 1344

ORDER that the Stay will not be lifted in order to Reconsider the portion of the Court's Order re Eleventh Amendment Immunity. Signed by Judge Ivan L. R. Lemelle on 1/31/08. (Reference: ALL CASES)(lag, )

Shimon et al v. Sewerage & Water Board of New Orleans

Doc. 1344

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA MARGARET M. SHIMON, wife of/and PATRICK SHIMON, ET AL. VERSUS SEWERAGE & WATER BOARD OF NEW ORLEANS, ET AL. ORDER Before the Court is Defendant's Motion to Reconsider the December 14, 2007 Order on Motion to Remand or In the Alternative, Require SWB to Waive Eleventh Amendment Immunity (Rec. Doc. No. 1343), IT IS ORDERED that the Stay (Rec. Doc. No. 1265) will not be lifted in order to Reconsider the portion of the Court's December 14, 2007 Order (Rec. Doc. No. 1343) regarding Eleventh Amendment Immunity. The Motion to Reconsider not only rehashes arguments made in the Motion to Remand (Rec. Doc. No. 1309), but it also fails to involve the pending appeal of the July 24, 2006 Opinion (Rec. Doc. No. 593) and the April 30, 2007 Order (Rec. Doc. No. 1228), matters for which stay may be lifted. New Orleans, Louisiana, this 31st day of January, 2008. CIVIL ACTION NO. 05-1392 SECTION B MAGISTRATE 3

________________________________ IVAN L. R. LEMELLE UNITED STATES DISTRICT COURT

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