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BOSWELL v. BULLOCK, 5:11-CV-94-F. (2012)

Court: District Court, E.D. North Carolina Number: infdco20120720a83 Visitors: 8
Filed: Jul. 19, 2012
Latest Update: Jul. 19, 2012
Summary: ORDER JAMES C. FOX, District Judge. This matter is before the Court on defendants' Motion to stay all District Court proceedings pending defendants' appeal. The Motion indicates that plaintiff consents to a stay. Having fully considered the Motion, the Court concludes that a stay is warranted as defendants' appeal pertains to issues of qualified and public official immunity and the appeal involves the remaining claims in this case. The Court finds that the plaintiff would not be substantiall
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ORDER

JAMES C. FOX, District Judge.

This matter is before the Court on defendants' Motion to stay all District Court proceedings pending defendants' appeal. The Motion indicates that plaintiff consents to a stay.

Having fully considered the Motion, the Court concludes that a stay is warranted as defendants' appeal pertains to issues of qualified and public official immunity and the appeal involves the remaining claims in this case. The Court finds that the plaintiff would not be substantially harmed by the stay.

Therefore, the Motion is allowed and the Clerk is directed to remove this case from the pretrial and trial calendar until the resolution of defendants' appeal.

SO ORDERED.

Source:  Leagle

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