Price, et al v. City of Fayetteville, North Carolina, et al

Filing 31

ORDER granting 30 Motion to Stay Discovery And All Proceedings Pending Appeal - Signed by District Judge Louise Wood Flanagan on 05/03/2013. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-00150-FL
TOM PRICE and WILLIAM LEGG,

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Plaintiffs,

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vs.

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CITY OF FAYETTEVILLE, NORTH
CAROLINA, KATHERINE BRYANT, in her
official capacity as Chief of Police for the
Fayetteville Police Department, and JOHN
DOE, individually and in his official capacity as
Police Officer for Fayetteville Police
Department,

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MOTION TO STAY DISCOVERY
AND ALL PROCEEDINGS
PENDING APPEAL

Motion GRANTED.

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Defendants.

This the 3rdday ot_M_a_y _ _, 2013.
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Is/Louise W. Flanagan, U.S. District Judge

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COMES NOW Plaintiffs Tom Price and William Legg and respectfully move this Court
to stay discovery and all proceedings pending the appeal of the Order denying Plaintiffs' Motion
for Preliminary Injunction to the U.S. Court of Appeals for the Fourth Circuit. Plaintiffs Tom
Price and William Legg have properly appealed this Court's Order denying their Motion for
Preliminary Injunction in accordance with 28 U.S.C. § 1292(a)(l). In light ofthe appeal, a stay
of discovery and proceedings until the Appellate Court rules on the appeal will serve judicial
economy and efficiency and avoid unnecessary and/or repeat discovery.
Counsel for Plaintiffs has conferred with counsel for Defendants about this Motion. The
Defendants do not oppose this Motion and do not wish to be heard.
WHEREFORE, PREMISES CONSIDERED, Plaintiffs Tom Price and William Legg
respectfully request that this Honorable Court grant their Motion to Stay.