Legal Opinion

Gaztambide v. Gaztambide

District Court, D. Puerto Rico

Decided May 20, 1992No. Civ. 85-1114 GGPublishedCited by 2 opinions

1Opinion of the Court

OPINION AND ORDER

GIERBOLINI, Chief Judge.

Defendants have filed a notice of appeal of our denial of the qualified immunity defense in their fourth motion for summary judgment. They have likewise filed a motion for stay of the trial proceedings set for May 27, 1992 due to the appeal they have filed. In their motion for a stay they assert among other things that a properly filed appeal of qualified immunity should produce an automatic stay. Notwithstanding this, they also request that we issue an order confirming this alleged automatic stay or in the alternative, that we issue a stay. We decline…

2Cases cited17 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Richardson v. United StatesSupreme Court of the United States · 1984
  3. White v. MurthaCourt of Appeals for the Fifth Circuit · 1967
  4. George E. Apostol v. Mark Gallion, John Auriemma v. Fred Rice, and City of ChicagoCourt of Appeals for the Seventh Circuit · 1989
  5. United States v. Hector Rivera-Martinez, A/K/A El MenCourt of Appeals for the First Circuit · 1991

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3Cited by2 opinions

  1. Bean v. City of BuffaloDistrict Court, W.D. New York · 1993
  2. NPR, Inc. v. American International Insurance Co. of Puerto RicoDistrict Court, D. Puerto Rico · 2003

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