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Gen. Elec. Co. v. Stern

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 13, 2012
CASE NO. 1:11 CV 837 (N.D. Ohio Sep. 13, 2012)

Opinion

CASE NO. 1:11 CV 837

09-13-2012

GENERAL ELECTRIC COMPANY, Plaintiff, v. ALVIN STERN, et al., Defendant.


JUDGE DONALD C. NUGENT


MEMORANDUM OPINION

AND ORDER

This matter is before the Court on Defendant's Motion to Stay Proceedings pending Defendant's appeal of this Court's dismissal of its counterclaims. (ECF #48). Plaintiff has opposed the motion to stay. Plaintiff's Motion to Dismiss Defendants' Amended Counterclaims was granted on July 17, 2012. Plaintiffs claims remain pending. The Court did not include any certification pursuant to Fed. R. Civ. P. 54(b) that "there is no just reason for delay" in the Opinion and Order. Accordingly, this Court's Memorandum Opinion and Order is not final and appealable. Nevertheless, Defendants have filed a notice of appeal to the Sixth Circuit and have asked this Court to stay the proceedings in this Court pending the appeal. However, as the Court of Appeals lacks jurisdiction over Defendants' improper interlocutory appeal, a stay is not warranted. Moreover, even if Defendants' appeal did not have a jurisdictional defect, Defendants have not demonstrated that the balancing of the Blackwell factors would favor the imposition of a stay. In this case, at least three of the four factors tip in favor of denying a stay. Accordingly. Defendants' Motion for a Stay pending Appeal (ECF #48) is denied.

IT IS SO ORDERED.

_________________

DONALD C. NUGENT

UNITED STATES DISTRICT JUDGE


Summaries of

Gen. Elec. Co. v. Stern

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION
Sep 13, 2012
CASE NO. 1:11 CV 837 (N.D. Ohio Sep. 13, 2012)
Case details for

Gen. Elec. Co. v. Stern

Case Details

Full title:GENERAL ELECTRIC COMPANY, Plaintiff, v. ALVIN STERN, et al., Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

Date published: Sep 13, 2012

Citations

CASE NO. 1:11 CV 837 (N.D. Ohio Sep. 13, 2012)