Fields v. Bi-State Development Agency of the Missouri-Illinois Metropolitan District et al

Filing 158

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that defendant Bi-State's motion to stay proceedings [no. 157], is GRANTED pending the Supreme Court of the United States' ruling on Bi-State's petition for a writ of certiori in United S tates ex rel. Fields v. Bi-State Development Agency, etc., Appeal No. 16-3783. IT IS FURTHER ORDERED that defendant Bi-State must immediately notify me and plaintiff Eric Fields when the Supreme Court rules on its petition for a writ of certiorari. IT IS FURTHER ORDERED that the hearing in this matter set for Tuesday, November 7 is VACATED.. Signed by District Judge Rodney W. Sippel on 11/6/17. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
UNITED STATES OF AMERICA
ex rel. Eric Fields,
Plaintiff,
v.
THE BI-STATE DEVELOPMENT
AGENCY OF THE MISSOURIILLINOIS METROPOLITAN
DISTRICT, et al.,
Defendants.

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MEMORANDUM & ORDER
Defendant Bi-State moves to stay proceedings pending resolution of BiState’s petition for a writ of certiorari filed with the United States Supreme Court.
Bi-State seeks review of the Eight Circuit’s opinion concluding that Bi-State is not
entitled to Eleventh Amendment sovereign immunity in this matter. I have “broad
discretion to stay proceedings as incident to [my] power to control [my] own
docket.” See Clinton v. Jones, 520 U.S 681 (1997). I find that allowing
proceedings to continue in this matter “would defeat the purpose of qualified
immunity.” See Britton v. Thompson, No. 7:08CV5008, 2009 WL 2365389 (W.D.
Mo. July 29, 2009). “Qualified immunity is immunity from suit rather than a mere
defense to liability.” Pearson v. Callahan, 555 U.S. 223, 237 (2009).

Accordingly,
IT IS HEREBY ORDERED that defendant Bi-State’s motion to stay
proceedings [no. 157], is GRANTED pending the Supreme Court of the United
States’ ruling on Bi-State’s petition for a writ of certiori in United States ex rel.
Fields v. Bi-State Development Agency, etc., Appeal No. 16-3783.
IT IS FURTHER ORDERED that defendant Bi-State must immediately
notify me and plaintiff Eric Fields when the Supreme Court rules on its petition for
a writ of certiorari.
IT IS FURTHER ORDERED that the hearing in this matter set for
Tuesday, November 7 is VACATED.

____________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Dated this 6th day of November, 2017.

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