Regan v. Todd et al
ORDER STAYING PROCEEDINGS AND ADMINISTRATIVELY CLOSING CASE Signed by District Judge Gershwin A. Drain. (Bankston, T)
UNITES STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
KEVIN M. REGAN,
File No.: 2:13-cv-11368 GAD
Hon. Gershwin A. Drain
DAVID TODD and ROBERT WOJCIECHOWSKI,
in their individual and official capacities, as Police
Officers for the City of Sterling Heights Police
ORDER STAYING PROCEEDINGS AND ADMINISTRATIVELY CLOSING CASE
On May 22, 2014, this Court issued an order denying Defendants’ Motion for
Summary Judgment [#15], finding that Defendants were not entitled to qualified immunity
on Plaintiff’s claims brought under 42 U.S.C. § 1983. Defendants have filed a notice of
appeal, but have not requested a stay of the proceedings in this Court.
When considering an appeal as to qualified immunity, Yates v. City of Cleveland,
941 F.2d 444, 449 (6th Cir. 1991) addresses the potential for abuse by defendants. Yates
notes that such an 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 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)). In the instant case, the Parties did not seek the Court’s
determination as to the potential frivolity of the appeal. Rather, the parties assumed the
matter was subject to an automatic stay once Defendants filed a notice of appeal in the
Because the Court recognizes that Plaintiff has not objected to Defendants pursuit
of an appeal despite the absence of a request for a stay, all proceedings in the district court
case are hereby STAYED and the matter is administratively CLOSED pending appeal.
Dated: July 8, 2014
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of
July 8, 2014, by electronic and/or ordinary mail.
/s/ Tanya Bankston
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?