Garity v. Dohahoe

Filing 401

ORDER denying Plaintiff's 400 Motion to Stay Case. Signed by Judge Richard F. Boulware, II on 11/29/2017. (Copies have been distributed pursuant to the NEF - BEL)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 *** 7 ROSEMARY GARITY, 8 Plaintiff, 9 10 Case No. 2:11-cv-01805-RFB-CWH ORDER v. USPS PMG MEGAN J. BRENNAN, 11 Defendants. 12 13 For the reasons discussed on the record on November 27, 2017, the Court finds that its 14 decision to grant Defendant’s Motion in Limine to Exclude Compensatory Damages Evidence and 15 Strike Jury Demand (Dkt no. 338) is meritorious. The Court finds no basis for reconsidering its 16 ruling on this matter. Further, upon reviewing the factors for the determination of a stay pending 17 appeal, Hilton v. Braunskill, 481 U.S. 770, 776 (1987), the Court finds no basis to grant a stay in 18 this case. The Court finds the likelihood of success on the merits to be low. Plaintiff brings an 19 interlocutory appeal based on sanctions that are reviewed for an abuse of discretion. United States 20 v. Sumitomo Marine & Fire Insurance Company, Ltd., 617 F.2d 1365, 1369 (9th Cir. 1980). The 21 Court did not choose to apply the harshest sanctions available and made the basis for its decision 22 clear on the record. If this Court’s decision is reversed, the Plaintiff will not be irreparably harmed 23 by the Court’s decision to proceed with a bench trial at this point. The Plaintiff has been denied on 24 appeal several times in this case already, and the Court does not wish to further delay the 25 proceeding of the case. The interests of the Defendants and of the public favor moving forward 26 with this case that has long been before the court. 27 /// 28 /// 1 CONCLUSION 2 Accordingly, 3 IT IS ORDERED that Plaintiff’s Motion to Stay Case (Dkt no. 400) is DENIED. 4 5 DATED: November 29, 2017. 6 __________________________________ RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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