Opinion
05-cv-632-bbc.
June 6, 2008
ORDER
Before the court is defendant Ho-Chunk Nation's motion to stay proceedings in this court while its petition for a writ of certiorari is pending before the United States Supreme Court. See dkt #138. Plaintiff, State of Wisconsin, strongly opposes this motion. See dkt. #139. Having carefully considered both sides' submissions and arguments, I am denying the motion. On this particular dispute, the State has a better argument: it is unlikely that the Supreme Court will grant certiorari and less likely that the Supreme Court will reverse the Seventh Circuit's decision on interlocutory appeal; the Nation will not suffer irreparable harm if this court acts on its mandate from the Seventh Circuit; there is potentially great harm to the State by delaying resolution of this matter even further; and, no public interest in served by delaying this case any longer than necessary. Therefore, this court declines to stay its decision on the pending summary judgment motion.