Pershing LLC v. Kiebach et al

Filing 44

ORDERED that the matter is hereby STAYED and ADMINISTRATIVELY CLOSED pending the resolution of defendants' application for interlocutory appeal by the Fifth Circuit. Signed by Judge Lance M Africk on 4/28/2015.(blg)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PERSHING LLC CIVIL ACTION VERSUS No. 14-2549 THOMAS KIEBACH ET AL. SECTION I ORDER The Court is in receipt of a petition filed by defendants with the U.S. Court of Appeals for the Fifth Circuit seeking permission to pursue an interlocutory appeal of this Court’s April 22, 2015 order and reasons. 1 Accordingly, pursuant to 28 U.S.C. § 1292(b), 2 IT IS ORDERED that the above-captioned matter is hereby STAYED and ADMINISTRATIVELY CLOSED pending the resolution of defendants’ application for interlocutory appeal by the Fifth Circuit. Any party may move to re-open the above-captioned matter in writing within 30 days following either (1) the denial of defendants’ petition for permission to appeal under 28 U.S.C. § 1292(b), or (2) the final resolution of defendants’ interlocutory appeal. New Orleans, Louisiana, April 28, 2015. _______________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 1 R. Doc. No. 43. See 28 U.S.C. § 1292(b) (“[A]pplication for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.”). 2

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