Barton v. City of Lincoln Park et al

Filing 49

ORDER GRANTING DEFENDANTSMOTION TO STAY PROCEEDINGS PENDINGOUTCOME OF APPEAL 47 . Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JAMES BARTON,
Plaintiff,

Case No. 15-cv-13362

v.

UNITED STATES DISTRICT COURT JUDGE
GERSHWIN A. DRAIN

CITY OF LINCOLN PARK, ET AL.

UNITED STATES MAGISTRATE JUDGE
DAVID R. GRAND

Defendants.

ORDER GRANTING DEFENDANTS’ MOTION TO STAY PROCEEDINGS PENDING
OUTCOME OF APPEAL [47]
This is an excessive force action against four police officers and the City of
Lincoln Park. The Complaint included three counts: (1) excessive force pursuant to
42 U.S.C. § 1983 against each officer; (2) Fourth Amendment violations against the
City of Lincoln Park; and (3) gross negligence against all Defendants.
On October 14, 2016, Defendants moved for partial summary judgment. Dkt.
No. 34. On December 22, 2016, the Court granted Summary Judgment, in
Defendants’ favor, with respect to gross negligence claims. The Court, however,
denied summary judgment with respect to the Section 1983 claims against the City
of Lincoln Park and Officer Behrik. On January 20, 2017, Defendants appealed this
Court’s partial denial of summary judgment. Dkt. No. 44.

-1-

Before the Court is Defendants’ Motion to Stay Proceedings Pending
Outcome of Appeal. Dkt. No. 47. Plaintiff does not oppose staying the proceedings.
Dkt. No. 48.
The Court finds good cause and will STAY the proceedings in this case
pending the outcome of Defendants’ appeal.
SO ORDERED.
Dated: February 21, 2017
Detroit, MI

/s/Gershwin A Drain
HON. GERSHWIN A. DRAIN
United States District Court Judge

I hereby certify that a copy of the foregoing document was mailed to the attorneys
of record on this date, February 21, 2017, by electronic and/or ordinary mail.
/s/Tanya Bankston
Case Manager, [phone]

-2-