Fant et al v. Ferguson, Missouri, City of

Filing 189

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's motion to stay all proceedings pending interlocutory appeal is GRANTED. ECF No. 154 . IT IS FURTHER ORDERED that, no later than 14 days after resolution of Defendants interlocutory a ppeal, the parties shall file a joint proposed scheduling plan for the remainder of this litigation, which addresses the filing deadline and briefing schedule for any motion for class certification; the parties' positions concerning the refer ral of this action to mediation and when such a referral would be most productive; and any other appropriate deadlines and dates in the current Case Management Order, including a proposed trial date. IT IS FURTHER ORDERED that the case shall be closed, for administrative purposes only, pending a resolution of the interlocutory appeal. Signed by District Judge Audrey G. Fleissig on March 12, 2018. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEILEE FANT, et al.,
Plaintiffs,
vs.
THE CITY OF FERGUSON,
Defendant.

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No. 4:15-CV-00253-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant City of Ferguson’s motion (ECF No.
175) to stay all proceedings pending interlocutory appeal of this Court’s decision denying
its motion to dismiss for lack of subject matter jurisdiction based on sovereign immunity
(ECF No. 150). Plaintiffs oppose the motion.
The Court has carefully considered the arguments and legal authority presented by
the parties. Because Defendant’s motion to dismiss asserted a colorable claim to
immunity, and the Court cannot say that Defendant’s appeal is frivolous, the Court
concludes that a stay is appropriate. See, e.g., Goshtasby v. Bd. of Trs. of Univ. of Illinois,
123 F.3d 427, 429 (7th Cir. 1997).
Accordingly,
IT IS HEREBY ORDERED that Defendant’s motion to stay all proceedings
pending interlocutory appeal is GRANTED. ECF No. 154.
IT IS FURTHER ORDERED that, no later than 14 days after resolution of
Defendant’s interlocutory appeal, the parties shall file a joint proposed scheduling plan for
the remainder of this litigation, which addresses the filing deadline and briefing schedule

for any motion for class certification; the parties’ positions concerning the referral of this
action to mediation and when such a referral would be most productive; and any other
appropriate deadlines and dates in the current Case Management Order, including a
proposed trial date.
IT IS FURTHER ORDERED that the case shall be closed, for administrative
purposes only, pending a resolution of the interlocutory appeal.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 12th day of March, 2018.

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