Harris et al v. Lasseigne et al

Filing 62

ORDER STAYING CASE and administratively closing case pending appeal. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

NICOLE HARRIS, Personal
Representative of the
estate of Jkhary Craft, deceased,
Plaintiff,
Case No. 12-CV-13763
vs.
HON. GEORGE CARAM STEEH
OFFICER EDWARD LASSEIGNE,
et al,
Defendants.
_____________________________/
ORDER STAYING PROCEEDINGS
On December 13, 2013, this court issued an order granting in part and denying in
part defendants’ motions for summary judgment, finding that defendant Lasseigne was
not entitled to qualified immunity on plaintiff’s claims brought under 42 U.S.C. § 1983.
Lasseigne, the sole remaining defendant, has filed a notice of appeal, but has not
requested a stay of the proceedings in this court.
Lasseigne’s immediate appeal of the court’s order was filed pursuant to 28
U.S.C. § 1291, in accordance with Mitchell v. Forsyth, 472 U.S. 511, 528-530 (1985).
The decision of Yates v. City of Cleveland, 941 F.2d 444, 449 (6th Cir. 1991) addressed
the potential for abuse by defendants in this situation, noting that a Forsyth appeal
“brings with it a concomitant responsibility on the part of the defendant to exercise ‘a
reasonable modicum of diligence in the exercise of that right.’” Id. (citing Kennedy v.
City of Cleveland, 797 F.2d 297, 301 (6th Cir. 1986)). Thus, a district court that
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determines that such an appeal is frivolous, filed for the purpose of delaying trial, may
“certify an appeal as frivolous and begin the trial...” Id. (citing Apostol v. Gallion, 870
F.2d 1335, 1338 (7th Cir. 1989)). Because the court does not consider Lasseigne’s
action to be frivolous, despite the absence of a request, all proceedings in the district
court case are hereby STAYED and the matter is administratively closed pending
appeal.
IT IS SO ORDERED.
Dated: January 22, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 22, 2014, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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