Bambach v. Moegle ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION MARK BAMBACH et al., Plaintiff2, Case No. 18-14039 v. HON. DENISE PAGE HOOD GINA MOEGLE, et al., Defendants. _____________________________/ ORDER STAYING CASE AND ADMINISTRATIVELY CLOSING CASE Defendants Gina Moegle and Susan Shaw filed a Notice of Appeal from the Court’s Order granting in part and denying in part the Motion for Summary Judgment. (ECF No. 82) “A denial of summary judgment is generally not a final judgment.” Haynes v. City of Circleville, Ohio, 474 F.3d 357, 361 (6th Cir. 2007)(quoting Hoover v. Radabaugh, 307 F.3d 460, 465 (6th Cir. 2002)). A denial of a motion for summary judgment on the ground of qualified immunity may be appealed as a collateral order where (1) the defendant is a public official asserting the defense of qualified immunity and (2) the issue appealed concerns not which facts the parties might be able to prove, but whether certain alleged facts reflect a violation of clearly established law. Haynes, 474 F.3d at 361. The Court will stay the matter until the resolution of the appeal. See Mithcell v. Forsyth, 472 U.S. 511 (1985). Accordingly, IT IS ORDERED that this action is STAYED and ADMINISTRATIVELY CLOSED. The action may be reopened after a party provides the Court with notice that the matter has been remanded and a mandate has been issued from the Sixth Circuit Court of Appeals. s/Denise Page Hood DENISE PAGE HOOD UNITED STATES DISTRICT JUDGE DATED: May 2, 2023 2