Eberhardinger v. City of York et al

Filing 110

ORDER granting deft Smith's motion to stay case 106 pending appeal, staying case until further order, suspending pretrial & trial schedule inc. cancel PTC & JS/Trial, & directing parties to provide written notice to ct re: outcome of 1/3/19 mediation by no later than 1/11/19. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/28/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ERIKA EBERHARDINGER,
Plaintiff
v.
CITY OF YORK, et al.,
Defendants

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:16-CV-2481
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of December, 2018, upon consideration of the
motion (Doc. 106) to stay the above-captioned case pending appeal filed by
defendant Benjamin Smith (“Officer Smith”), wherein Officer Smith seeks a stay of
all deadlines set forth in this court’s September 26, 2018 order (Doc. 91) until the
Third Circuit Court of Appeals decides his appeal of this court’s September 18, 2018
interlocutory order (Doc. 88), and it appearing that Officer Smith’s appeal involves
the issue of qualified immunity, (see Doc. 92 (notice of appeal)), and it further
appearing that the Third Circuit has scheduled this case for mandatory mediation
on January 3, 2019, (Doc. 106 ¶¶ 8-9), and the court finding that a stay is proper in
light of the scheduled mediation as well as the pending decision from the Third
Circuit regarding, inter alia, the propriety of Officer Smith’s interlocutory appeal,
compare Mitchell v. Forsyth, 472 U.S. 511, 524-30 (1985) (finding jurisdictional basis
for interlocutory appeal of qualified immunity determination that turned on pure
question of law), and Ashcroft v. Iqbal, 556 U.S. 662, 671-74 (2009) (same), with
Johnson v. Jones, 515 U.S. 304 (1995) (finding no jurisdiction for interlocutory

appeal of denial of qualified immunity based on disputed factual issues), it is hereby
ORDERED that:
1.

Officer Smith’s motion (Doc. 106) to stay the above-captioned case
pending appeal is GRANTED, and this case is stayed until further
order.

2.

The pretrial and trial schedule (Doc. 91) in the above-captioned action
is SUSPENDED. The pretrial conference scheduled for January 16,
2019, and jury selection and trial scheduled for February 4, 2019, are
CANCELLED.

3.

The parties shall provide written notice to the court regarding the
outcome of January 3, 2019 mediation no later than Friday, January
11, 2019.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania