Leiser, Jeffrey v. Kloth, Karen et al

Filing 68

ORDER denying plaintiff's 66 dismiss defendants' notice of appeal. Signed by Magistrate Judge Stephen L. Crocker on 11/29/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF WISCONSIN
JEFFREY D. LEISER
Plaintiff,

ORDER

v.
Case No. 15-cv-768-slc
KAREN KLOTH, et al.,
Defendants.

Pro se plaintiff Jeffrey D. Leiser has moved to dismiss defendants’ notice of appeal, arguing
that defendants’ appeal is frivolous and a bad faith response to plaintiff’s rejection of defendants’
settlement offer. See dkt. 66. It appears that plaintiff takes issue with my order granting defendants’
motion to stay this proceeding pending resolution of their interlocutory appeal. (Dkt. 65.)
I am denying plaintiff’s motion for two reasons. First, this court has no authority to dismiss
defendants’ notice of appeal. Second. even if I construe plaintiff’s motion as a request to deny
defendants’ motion for a stay, I already have found that defendants’ pending appeal is not frivolous,
so a stay of this lawsuit pending resolution of that appeal is appropriate. Plaintiff’s allegations about
the unsuccessful settlement attempts are not a reason to reconsider that ruling.
ORDER
IT IS ORDERED that plaintiff’s motion to dismiss notice of appeal (dkt. 66) is DENIED.
Entered this 29th day of November, 2017.

BY THE COURT:
/s/
STEPHEN L. CROCKER
Magistrate Judge