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Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 1 of 7
Count Four, they also moved to stay the case under the Soldiers’
Army Reserve who has been called to active duty. The Court
Dockets.Justia.com
Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 2 of 7
granted this motion, in part, and stayed the case for thirty days
between the two motions is that the false arrest claim set out in
the stay lifted and the case proceed against the remaining
defendants.
his unavailability.
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Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 3 of 7
does so, Officer Shensky will be able to assert all the defenses
1
In mentioning Officer Shensky’s ability to raise these
defenses, the Court is not expressing any view as to whether any
particular defense would be available to Officer Shensky in the
future or whether any defense would be successful.
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Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 4 of 7
stay this case until Officer Shensky returns from active duty.
The Court also decided that this stay should be extended to all
Relief Act no longer provides a basis for a stay. The Act only
duty personnel “who have been obliged to drop their own affairs
defendants ask the Court to use its inherent powers over its
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Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 5 of 7
Soldiers’ and Sailors’ Relief Act. Now that the Act no longer
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Case 2:07-cv-02966-MAM Document 23 Filed 11/20/2007 Page 6 of 7
ORDER
leave to amend his complaint (Docket Nos. 13, 18, and 19) and the
claim for false arrest (Count Six) set out in the plaintiff’s
status.
Procedure 16.
BY THE COURT:
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