Wilhite v. Littlelight

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA BILLINGS DIVISION TAMMY WILHITE, CV 19-20-BLG-SPW-TJC Consolidated with: Plaintiff, CV-19-102-BLG-SPW-TJC vs. ORDER STAYING PAUL LITTLELIGHT, LANA THREE PROCEEDINGS PENDING IRONS, HENRY PRETTY ON TOP, APPEAL SHANNON BRADLEY, and CARLA CATOLSTER,

Defendants. _____________________________ TAMMY WILHITE, Plaintiff, vs. UNITED STATES, Defendant.

Before the Court is the Individual Defendants’ unopposed motion to stay proceedings pending appeal. (Doc. 62.) On July 15, 2021, the Court denied Defendants’ petition for FTCA certification pursuant to the Westfall Act. (Doc.

56.) Thereafter, Defendants filed an appeal to the Ninth Circuit. (Doc. 60.)

Orders denying Westfall Act certification are immediately appealable. See Osborn v. Haley, 549 U.S. 225, 239 (2007). Accordingly, the Court finds it is appropriate to stay this consolidated action pending the appeal, pursuant to Fed. R. App. P. 8(a)(1).

DATED this 30th day of August, 2021. , tf - K Mf TIMOTHY J.'CAVAN United States Magistrate Judge