Batson v. Hoover et al

Filing 85

Order Staying Proceedings Pending Appeal. Case stayed.. Signed by District Judge David M. Lawson. (NAhm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
OMAR BATSON,
Plaintiff,

Case Number 17-12214
Honorable David M. Lawson

v.
SGT. KENNAMER and DEPUTY
LEONOWICZ,
Defendants.
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ORDER STAYING PROCEEDINGS PENDING APPEAL
On December 21, 2018, the Court entered an opinion granting in part the defendants’
motion for summary judgment and dismissing all of the claims in the case except their First Claim
for Relief against defendants Sergeant Kennamer and Deputy Leonowicz only. On January 16,
2019, defendant Kennamer filed a notice of appeal of the Court’s ruling denying him qualified
immunity. The denial of qualified immunity on legal grounds is appealable under the collateralorder doctrine, Mitchell v. Forsyth, 472 U .S. 511, 529-30 (1985), and “[t]he filing of a notice of
appeal is an event of jurisdictional significance — it confers jurisdiction on the court of appeals
and divests the district court of its control over those aspects of the case involved in the appeal,”
Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). The Court therefore lacks
jurisdiction to proceed further in the matter against defendant Kennamer until the appeal is
resolved. Although progress against defendant Leonowicz would be permitted, the Court finds
that the more prudent course under the circumstances would be to stay the proceedings against
both defendants until Kennamer’s appeal is decided. The Court therefore will stay the case and
suspend all pending deadlines under the scheduling order.

The Court also notes that the defendant filed on the docket a copy of an order form
requesting certain transcripts of the proceedings. That filing was improper because under the
prevailing practice in this district transcript orders must be routed on the appropriate form or
through the electronic voucher system directly to the court reporter assigned to produce them. The
filing therefore will be stricken.
Accordingly, it is ORDERED that all proceedings in this matter are STAYED pending
the disposition of the appeal by defendant Kennamer, and all dates and deadlines under the
scheduling order are SUSPENDED until further order of the Court.
It is further ORDERED that the defendant’s transcript order form (ECF No. 83) is
STRICKEN.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Date: January 24, 2019
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was
served upon each attorney or party of record herein by
electronic means or first class U.S. mail on January 24, 2019.
s/Susan K. Pinkowski
SUSAN K. PINKOWSKI

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