Comsys Inc et al v. City of Kenosha Wisconsin et al

Filing 116

ORDER signed by Judge J.P. Stadtmueller on 5/10/2017: VACATING the 5/15/2017 jury trial and all other related deadlines of the Court's Trial Scheduling Order (Docket #36); GRANTING 115 Defendants' MOTION to Stay; and STAYING these proceedings pending resolution of an appeal taken in this case before the U.S. Court of Appeals for the Seventh Circuit. (cc: all counsel)(jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
COMSYS INC. AND KATHRYNE L.
MCAULIFFE,
Plaintiffs,
v.

Case No. 16-CV-655-JPS

CITY OF KENOSHA, WISCONSIN,
CITY OF KENOSHA WATER
UTILITY, FRANK PACETTI,
EDWARD ST. PETER, MERRIL A.
KERKMAN, JR., and KEITH G.
BOSMAN,

ORDER

Defendants.

On May 9, 2017, the Court granted in part and denied in part the
defendants’ motion for summary judgment. (Docket #114). Among other
grounds for denial, the Court denied qualified immunity for defendants
Frank Pacetti, Edward St. Peter, and Keith G. Bosman. Id. at 23-26, 31-32. The
defendants filed a motion later in the day on May 9, 2017, informing the
Court that they have elected to seek an appeal of the Court’s denial of
qualified immunity and requesting a stay of the proceedings in this Court
pending that appeal. (Docket #115 at 1-2).
The defendants are entitled to take an immediate appeal of the Court’s
ruling on the issue of qualified immunity because “it is a final decision on the
defendant[s’] right not to stand trial and, as such, a collateral order.” Gutierrez
v. Kermon, 722 F.3d 1003, 1009 (7th Cir. 2013); see Mitchell v. Forsyth, 472 U.S.
511, 524-530 (1985) (describing collateral orders).

The Court will grant a stay of this matter in this Court, as the
defendants have requested. (Docket #115). There is no logic in proceeding to
trial, currently scheduled to begin in less than a week, if the Court of Appeals
ultimately finds merit in the defendants’ appeal. See Allman v. Smith, 764 F.3d
682, 686 (7th Cir. 2014) (granting stay of proceedings as to municipality and
mayor pending appeal by mayor on issue of qualified immunity). This stay
will be lifted when a mandate is issued by the Court of Appeals. If a trial is
still required, it will be completed within 90 days following remand.
Accordingly,
IT IS ORDERED that this matter’s May 15, 2017, jury trial and all
other related deadlines (Docket #36) be and the same are hereby VACATED;
IT IS FURTHER ORDERED that the defendants’ motion to stay
proceedings in the district court (Docket #115) be and the same is hereby
GRANTED; and
IT IS FURTHER ORDERED that these proceedings be and the same
are hereby STAYED pending resolution of an appeal taken in this case before
the United States Court of Appeals for the Seventh Circuit.
Dated at Milwaukee, Wisconsin, this 10th day of May, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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