Convertino v. United States Department of Justice

Filing 92

ORDER Holding Proceedings in Abeyance pending Plaintiff's Appeal of the Denial of the Motion to Stay in the D.C. Circuit. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RICHARD G. CONVERTINO,
Plaintiff,
v.

Case No. 07-13842

UNITED STATES DEPARTMENT OF JUSTICE,
Defendant.
/
ORDER HOLDING PROCEEDINGS IN ABEYANCE
On March 30, 2011, this court ordered Plaintiff Richard G. Convertino to show
cause why the pending discovery motions should not be dismissed without prejudice
following the grant of summary judgment to Defendant U.S. Department of Justice in the
underlying case. (3/30/2011 Order.) In his April 8, 2011, response, Plaintiff indicated
an intent to appeal the denial of his motion to stay the motion for summary judgment
pending decision on the discovery motions before this court. (Pl. Resp. 2.) As Plaintiff
notes, dismissal at this time would introduce unnecessary costs and procedural
uncertainty should the denial of Plaintiff’s motion to stay be reversed on appeal. The
court will, therefore, hold all proceedings before it in abeyance pending the resolution of
Plaintiff’s appeal of the denial of his motion to stay. Accordingly,
IT IS ORDERED that all proceedings on the above-captioned matter before this
court be held in abeyance pending Plaintiff’s appeal.
s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: April 15, 2011

I hereby certify that a copy of the foregoing document was mailed to counsel of record on
this date, April 15, 2011, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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