Fritz v. Brown et al

Filing 118

ORDER denying 109 MOTION FOR ORDER CERTIFYING QUESTION FOR INTERLOCUTORY APPEAL UNDER 28 U.S.C. § 1292 (b). So Ordered by Judge Paul J. Barbadoro. (jna) Modified on 11/5/2009 to correct docket text (vln).

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE

Randal Fritz v. Kenneth Brown and Kathryn Daly ORDER Defendants seek permission to file an interlocutory appeal challenging my ruling that they are not entitled to summary judgment with respect to their Mt. Healthy defense. Although I Case No. 06-cv-469-PB

welcome any guidance that the Court of Appeals may wish to provide with respect to this issue, I cannot grant the motion because the issue does not present "one or more difficult and pivotal questions of law not settled by controlling authority." Caraballo-Seda v. Municipality of Hormigueros, 395 F.3d 7, 8 (1st Cir. 2005)(quoting Palandjian v. Pahlavi, 782 F.2d 313, 314 (1st Cir. 1986)). Defendants' motion for order certifying a question for interlocutory appeal under 28 U.S.C. § 1292(b) (Doc. No. 109) is denied.

SO ORDERED.

/s/Paul Barbadoro Paul Barbadoro United States District Judge August 27, 2009 cc: Pierre Rumpf, Esq. Paula Werme, Esq. Nancy J. Smith, Esq.

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