Westies,
Troubles in the Desert......
Today, February 12, 2010, Judge Wake reversed his earlier order by issuing a ruling that stays all proceedings in the District Court in the Addington matter until the Ninth Circuit Court of Appeals rules on USAPA's pending appeal from last year's trial, or until further order of the court.
The ruling comes after a hearing held this week in Phoenix on Tuesday, February 9. USAPA’s attorneys then argued for a stay to allow the Ninth Circuit to rule. The plaintiffs continued to oppose a stay of any length of time. In that hearing, Judge Wake commented that “if the Court of Appeals rules that there was no ripe case and vacates my merits judgment ... there wouldn’t have been any point to make these other determinations.â€
In today's ruling Judge Wake said:
“[T]he Court concludes that it is likely that a decision on appeal will be made expeditiously and that the net balance of fairness and economy to all parties favors a stay of the pending motions (plaintiff’s motion for attorney fees and USAPA’s motion to dismiss) and of the case until then."
Today's ruling also vacated the court's earlier order setting a hearing to argue pending motions by both sides on February 24.
Hate