Estate of James Franklin Perry v. Wenzel et al

Filing 182

ORDER signed by Judge Rudolph T. Randa on 6/16/2016. 172 Plaintiff's MOTION to Stay DENIED. 158 City Defendants' MOTION for Attorney Fees DENIED as moot. (cc: all counsel)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
ESTATE OF JAMES FRANKLIN PERRY, et al.,
Plaintiffs,
-vs-

Case No. 12-C-664

CHERYL WENZEL, et al.,
Defendants.
DECISION AND ORDER
On May 6, 2016, the Court issued a Decision and Order granting
summary judgment in favor of both groups of defendants, the City
Defendants and the County Defendants. The Court also granted a motion
for sanctions filed by the County Defendants. The plaintiffs quickly
appealed. Post-appeal, the County Defendants filed a motion for attorney
fees and costs pursuant to the Court’s sanctions Order. Also post-appeal,
the City Defendants moved for sanctions and for attorneys’ fees pursuant
to a prior order (the City Defendants withdrew the latter motion). Now
before the Court is the plaintiffs’ motion to stay further proceedings and
the execution of judgment pending appeal.
The standard for granting a stay pending appeal “mirrors that for
granting a preliminary injunction.” In re A&F Enters., Inc. II, 742 F.3d

763, 766 (7th Cir. 2014). Courts consider the moving party’s likelihood of
success on the merits, the irreparable harm that will result to each side if
the stay is either granted or denied in error, and whether the public
interest favors one side or the other. Id. For the reasons already stated,
ECF No. 143, the Court considers it unlikely that the plaintiffs will succeed
on appeal.
Moreover, the Seventh Circuit expects district courts to resolve fee
petitions quickly so a subsequent appeal can be consolidated with the
initial appeal. See Terket v. Lund, 623 F.2d 29, 34 (7th Cir. 1980). The
Court will proceed accordingly.
IT IS HEREBY ORDERED THAT plaintiffs’ motion to stay [ECF
No. 172] is DENIED. The City Defendants’ motion for an award of
attorneys’ fees [ECF No. 158] is DENIED as moot.
Dated at Milwaukee, Wisconsin, this 16th day of June, 2016.
SO ORDERED:
__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-2-