AEM vs North Dakota – Denying Motion for Stay
Case 1:17-cv-00151-DLH-CSM
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
AEM vs North Dakota
Link to
ORDER DENYING DEFENDANTS MOTION TO STAY
Before the Court is the Defendants’ “Joint Motion to Stay District Court Proceedings Pending Outcome of Appeal” filed on February 1, 2018. Plaintiffs filed a response in opposition to the motion on February 15, 2018. The Defendants filed a reply brief on February 22, 2018.
For the reasons set forth below, the Defendant’s motion is denied.
Further, trial is set for May 14, 2019. Briefing on the interlocutory appeal is set to be completed by May 2018. A stay would result in a lengthy delay, likely pushing the trial date into 2020. Whatever the outcome of the interlocutory appeal, the most expeditious resolution of the entire case is fostered by moving forward with discovery and related matters. Accordingly, the Defendants’ motion to stay (Docket No. 73) is DENIED.
IT IS SO ORDERED.
Dated this 5th day of March, 2018.
/s/Daniel L. Hovland
Daniel L. Hovland, Chief Judge
United States District Court