Jones v. Johnson et al

Filing 36

ORDER STAYING All Proceedings for 60 days and TERMINATING WITHOUT PREJUDICE 20 Motion to Dismiss; 20 Motion for Summary Judgment and 29 Motion to Dismiss. Signed by District Judge Robert H. Cleland. (LWag)

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

KYISHA JONES,
Plaintiff,
v.

Case No. 14-12107

JEH JOHNSON, SECRETARY,
DEPARTMENT OF HOMELAND SECURITY,
ET AL.,
Defendants.
/
ORDER STAYING ALL PROCEEDINGS FOR 60 DAYS AND TERMINATING
PENDING MOTIONS
On May 20, 2015 the court held a telephonic status conference with the parties to
discuss related, ongoing state criminal proceedings against Plaintiff Kyisha Jones.
During the status conference the parties informed the court that Plaintiff’s state criminal
trial is currently scheduled for September 21, 2015.1 In the interest of judicial efficiency
and because a number of the claims before this court arise from facts at issue in the
criminal case, the parties and the court agree that this civil action should be stayed
pending the outcome of the state criminal proceedings. Additionally, because the
outcome of the state court proceeding will impact issues addressed in currently pending
motions, those motions (Dkt. ## 20, 29) will be terminated. Parties will be able to file
updated motions when the state criminal proceedings are concluded and this stay has
been lifted. For those reasons,

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The parties shall update the court staff telephonically or by email with the status
of the state prosecution by September 25, 2015.

IT IS ORDERED that all obligations, deadlines, and formal proceedings in this
matter are STAYED for 60 days. Nothing in this order shall be deemed to adversely
affect or in any way impact the parties’ rights.
IT IS FURTHER ORDERED that Defendants’ Motion to Dismiss and for
Summary Judgment on Plaintiff’s Amended Complaint (Dkt. # 20) and Plaintiff’s Motion
to Dismiss and/or for Judicial Review of the Certification Deeming Defendant Alexander
R. McLellan to be Acting in the Scope of Federal Employment (Dkt. # 29) are
TERMINATED WITHOUT PREJUDICE. The parties will have the opportunity to submit
updated motions after the close of the state criminal proceedings.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: August 27, 2015

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, August 27, 2015, by electronic and/or ordinary mail.

S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\14-12107.JONES.stay.smq.wpd

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