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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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROSEMARY GARITY,

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Plaintiff,

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Case No. 2:11-cv-01805-RFB-CWH
ORDER

v.
USPS PMG MEGAN J. BRENNAN,

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Defendants.

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For the reasons discussed on the record on November 27, 2017, the Court finds that its

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decision to grant Defendant’s Motion in Limine to Exclude Compensatory Damages Evidence and

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Strike Jury Demand (Dkt no. 338) is meritorious. The Court finds no basis for reconsidering its

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ruling on this matter. Further, upon reviewing the factors for the determination of a stay pending

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appeal, Hilton v. Braunskill, 481 U.S. 770, 776 (1987), the Court finds no basis to grant a stay in

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this case. The Court finds the likelihood of success on the merits to be low. Plaintiff brings an

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interlocutory appeal based on sanctions that are reviewed for an abuse of discretion. United States

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v. Sumitomo Marine & Fire Insurance Company, Ltd., 617 F.2d 1365, 1369 (9th Cir. 1980). The

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Court did not choose to apply the harshest sanctions available and made the basis for its decision

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clear on the record. If this Court’s decision is reversed, the Plaintiff will not be irreparably harmed

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by the Court’s decision to proceed with a bench trial at this point. The Plaintiff has been denied on

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appeal several times in this case already, and the Court does not wish to further delay the

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proceeding of the case. The interests of the Defendants and of the public favor moving forward

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with this case that has long been before the court.

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CONCLUSION

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Accordingly,

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IT IS ORDERED that Plaintiff’s Motion to Stay Case (Dkt no. 400) is DENIED.

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DATED: November 29, 2017.

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__________________________________
RICHARD F. BOULWARE, II
UNITED STATES DISTRICT JUDGE

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