Hart v. Hillsdale, County of et al
ORDER STAYING CASE and Administratively Closing Case. Signed by District Judge Denise Page Hood. (LSau)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 16-cv-10253
HON. DENISE PAGE HOOD
HILLSDALE COUNTY, et al.,
ORDER STAYING CASE
ADMINISTRATIVELY CLOSING CASE
Defendants in this matter filed Notices of Appeal from the Court’s Order
denying motions to dismiss and/or summary judgment. (Doc. Nos. 123, 125) “A
denial of summary judgment is generally not a final judgment.” Haynes v. City of
Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh,
307 F.3d 460, 465 (6th Cir. 2002)). A denial of a motion for summary judgment on
the ground of qualified immunity may be appealed as a collateral order where (1) the
defendant is a public official asserting the defense of qualified immunity and (2) the
issue appealed concerns not which facts the parties might be able to prove, but
whether certain alleged facts reflect a violation of clearly established law. Haynes,
474 F.3d at 361. The Court will stay the matter until the resolution of the appeals.
See Mithcell v. Forsyth, 472 U.S. 511 (1985).
IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY
CLOSED. The action may be reopened after a party provides the Court with notice
that a mandate has been issued from the Sixth Circuit Court of Appeals.
S/Denise Page Hood
Denise Page Hood
Chief Judge, United States District Court
Dated: April 16, 2018
I hereby certify that a copy of the foregoing document was served upon counsel of
record on April 16, 2018, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
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