Opinion
Case No. 6:04-cv-1830-Orl-31KRS.
October 13, 2006
ORDER
This cause came on for consideration without oral argument on the following motion filed herein:
MOTION: MOTION FOR STAY OF PROCEEDINGS PENDING APPEAL (Doc. 83)
THEREON it is ORDERED that the motion is GRANTED.
The Defendants have filed a notice of appeal (Doc. 82) of, inter alia, this Court's order concluding that several of the Defendants were not entitled to qualified immunity (Doc. 76). Because that qualified immunity determination is inextricably intertwined with the remainder of the case — including the claim against Defendant Eslinger in his official capacity — the Court will stay the entire case pending resolution of the appeals.
In consideration of the foregoing, it is hereby ORDERED AND ADJUDGED that the Motion for Stay of Proceedings Pending Appeal (Doc. 83) is GRANTED, and this case is STAYED until further notice from this Court. The final pretrial conference scheduled for October 16, 2006 is CANCELLED, and this case is REMOVED from the November trial docket. In addition, the Defendants are ORDERED to file a status report not more than 10 days after the resolution of the appeals by the United States Court of Appeals for the Eleventh Circuit.
DONE and ORDERED