KUROWSKI v. CITY OF WASHINGTON et al

Filing 21

ORDER re: stay: on or before May 18, 2016, the parties shall provide the court with a joint status update via CM/ECF with regard to the state court proceedings and whether they believe this case should remain stayed. Signed by Judge Terrence F. McVerry on 5/4/2016. (rjw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

CHARLES E. KUROWSKI,
Plaintiff,
v.
CITY OF WASHINGTON, RON MCINTYRE,
Code Officer, and RON MCINTYRE,
Individually,
Defendants.

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MEMORANDUM ORDER
Plaintiff initiated this action on October 31, 2014, and promptly moved for a preliminary
injunction, in which he sought to enjoin “any further condemnation or demolition proceedings”
against a building he owns in the City of Washington. On December 17, 2014, the Court denied
Plaintiff’s motion, after having concluded that it could not grant Plaintiff’s request for injunctive
relief based on the Younger abstention doctrine. At the same time, because Plaintiff also brought
a claim for damages, the Court decided to stay the action pending the resolution of Plaintiff’s
appeal of the condemnation proceedings in state court. Thereafter, Plaintiff filed a motion for
reconsideration, which the Court denied, and the case has remained stayed ever since.
In the interim period, Defendants filed an answer to Plaintiff’s complaint, and on May 6,
2015, the Court scheduled an initial case management conference pursuant to Fed. R. Civ. P. 16.
However, upon learning from counsel that the state court action was still ongoing, the Court
cancelled the conference, and noted via CM/ECF that the case remained stayed.
It has been approximately one year since that action was taken. In the meantime, the
Court has not had any further correspondence with the parties, so the status of the state court
proceedings is unclear. Accordingly, on or before May 18, 2016, the parties shall provide the
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court with a joint status update via CM/ECF with regard to the state court proceedings and
whether they believe this case should remain stayed.
SO ORDERED, this 4th day of May, 2016.
BY THE COURT:
s/ Terrence F. McVerry_________
Senior United States District Judge

cc:

James R. Jeffries, Esq.
Email: [e-mail]
John F. Cambest, Esq.
Email: [e-mail]
John L. Kwasneski, Esq.
Email: [e-mail]
(Via CM/ECF)

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