Nwanguma et al v. Trump et al
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|Date Filed||#||Document Text|
|August 9, 2017
MEMORANDUM OPINION AND ORDER by Judge David J. Hale on 8/8/2017 - The Trump Defendants' motion to certify the Court's March 31, 2017 Memorandum Opinion and Order for interlocutory appeal or to reconsider that decision (D.N. 36) is GRANTED. Pursuant to 28 U.S.C. § 1292(b), the Court's March 31, 2017 Memorandum Opinion and Order is AMENDED to certify the following question for immediate appeal: Does the First Amendment protect Donald J. Trumps March 1, 2016 statement "Get 'em out of here," or may the statement be found to constitute incitement of a riot? Count V of Plaintiffs' complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Trump Defendants objection to the mag istrate judges denial of their motion to stay discovery pending resolution of the motion to certify (D.N. 46) is OVERRULED as moot. Discovery as to the Trump Defendants shall be STAYED pending resolution of the interlocutory appeal. Discovery as to Bamberger and Heimbach shall proceed as set forth. cc: Counsel(DAK)
|March 31, 2017
MEMORANDUM OPINION AND ORDER by Judge David J. Hale. Motion to dismiss (DN 9 ) is granted in part and denied in part as set forth. Motion to dismiss (DN 10 ) is granted in part and denied in part as set forth. Motion to strike (DN 11 ) is denied. Motion for hearing (DN 24 ) is denied as moot. Matter referred to Magistrate Judge H. Brent Brennenstuhl for litigation planning, scheduling, nondispositive matters, discovery, and settlement. cc: Counsel, HBB-CM(JAC)
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