NAACP Milwaukee Branch et al v. Ross et al

Filing 16

ORDER signed by Judge J.P. Stadtmueller on 4/14/2017 DENYING without prejudice 14 Defendants' Motion to Stay. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
NAACP MILWAUKEE BRANCH,
SIERRA CLUB JOHN MUIR CHAPTER,
and MILWAUKEE INNER-CITY
CONGREGATIONS ALLIED FOR
HOPE,

Case No. 17-CV-297-JPS

Plaintiffs,
v.
DAVE ROSS, WALTER C.
WAIDELICH, MICHAEL DAVIES,
FEDERAL HIGHWAY
ADMINISTRATION, ELAINE L.
CHAO, and U.S. DEPARTMENT OF
TRANSPORTATION,

ORDER

Defendants.
This action was filed on March 1, 2017. (Docket #1). On March 9, 2017,
Plaintiffs filed a motion to reassign this matter to District Judge Lynn
Adelman, pursuant to Local Rule 3(b), because it is related to a lower case
number currently before Judge Adelman. (Docket #5). That motion must be
decided by Judge Adelman, and so this Court will await his decision before
conducting a scheduling conference or taking any other action in this matter.
On April 10, 2017, Defendants moved the Court to stay this action pending
the outcome of the Wisconsin budget process, which may render Plaintiffs’
claims moot. (Docket #14). Again, the Court concludes that it is not prudent
to take substantive action in this case until Judge Adelman has decided the
motion to reassign, and will therefore deny the motion to stay without
prejudice, to be re-filed after the reassignment issue is addressed.
Accordingly,
IT IS ORDERED that Defendants’ motion to stay (Docket #14) be and
the same is hereby DENIED without prejudice.

Dated at Milwaukee, Wisconsin, this 14th day of April, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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