West Tennessee Chapter of Associated Builders & Contractors, Inc. v. City of Memphis

ORDER GRANTING DEFENDANT’S MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL AND STAY OF PROCEEDINGS

DONALD, District Judge.

In this action, Plaintiffs assert that Defendant City of Memphis’s affirmative action plan violates the Fourteenth Amendment’s Equal Protection Clause. Pursuant to 28 U.S.C. § 1292(b), Defendant moves for reconsideration of the Court’s refusal to certify for appeal its interlocutory order concerning the admissibility of post-enactment studies. In its order the Court found post-enactment evidence inadmissible to show that Defendant had a compelling interest to enact…