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Bartolutti v. Mukasey

United States District Court, D. Idaho
May 2, 2008
Case No. C06-00513-E-RJB (D. Idaho May. 2, 2008)

Opinion

Case No. C06-00513-E-RJB.

May 2, 2008


ORDER GRANTING MOTION FOR CERTIFICATION OF ORDER FOR INTERLOCUTORY APPEAL AND ORDER STAYING CASE


This matter comes before the court on the Plaintiff's Motion for Certification of Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b) and Continuation of Trial (Dkt. 69). The court is familiar with the records and files herein and documents filed in support of the motion, and held informal oral argument on the motion by telephone on May 2, 2008. The court is fully advised.

By Order (Dkt. 58) and Order Denying Motion for Reconsideration (Dkt. 64), the Court dismissed plaintiff's claim having to do with her participation in the push-ups portion of the FIT test in February 2004. The record reflects that that claim is at the heart of plaintiff's alleged damages, and is more important to her overall claims than those claims that remain after the aforementioned ruling. Furthermore, it appears to the Court, and the Court finds, that the Court's orders dismissing the claims having to do with plaintiff's participation in the push-ups portion of the FIT test in February 2004 involves a controlling question of law as to which there is substantial ground for difference of opinion, and further finds that there is no just reason for delay, and all issues surrounding that claim should be expeditiously resolved. It further appears to the Court, and the Court finds, that an immediate appeal from said orders may materially advance the ultimate termination of the litigation. To proceed to trial on the remaining issues in the case would substantially increase the costs of the litigation in the event of a reversal on appeal. If the case is not stayed pending resolution of issues surrounding the FIT test claim, two trials with evidence very substantially overlapping would be necessary and would substantially increase the expense resolved in determination of the case.

Under the foregoing circumstances, and for the reasons stated herein, plaintiff should have the opportunity to apply for an appeal to the Ninth Circuit Court of Appeals of the Court's orders that denied plaintiff's claims having to do with her participation in the push-ups portion of the FIT test in February 2004, and this case should be stayed pending completion of such appeals in the Ninth Circuit Court of Appeals. Furthermore, the parties should advise this Court forthwith upon completion of appellate activity so that this Court can complete processing the case to judgment on an expedited basis. Therefore, it is now

ORDERED that Plaintiff's Motion for Certification of Order for Interlocutory Appeal Under 28 U.S.C. § 1292(b) (Dkt. 69) is GRANTED; it is further

ORDERED that this case is STAYED and that counsel should advise the District Court forthwith upon completion of all appellate activity.

The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address.


Summaries of

Bartolutti v. Mukasey

United States District Court, D. Idaho
May 2, 2008
Case No. C06-00513-E-RJB (D. Idaho May. 2, 2008)
Case details for

Bartolutti v. Mukasey

Case Details

Full title:ROBIN BARTOLUTTI, an individual Plaintiff, v. MICHAEL B. MUKASEY, Attorney…

Court:United States District Court, D. Idaho

Date published: May 2, 2008

Citations

Case No. C06-00513-E-RJB (D. Idaho May. 2, 2008)