Free Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:05-cv-00567-GMS

Document 39-2

Filed 06/05/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE JOSEPH N. GIELATA, Plaintiff, v. ANDREA L. ROCANELLI, individually and in her official capacity as Chief Counsel of the Office of Disciplinary Counsel for the Supreme Court of Delaware, and THE OFFICE OF DISCIPLINARY COUNSEL FOR THE SUPREME COURT OF DELAWARE, Defendants. [PROPOSED] ORDER Upon consideration of Plaintiff's motion for this Court to reconsider its May 19 order (D.I. 38) dismissing the above-captioned action, it is hereby ORDERED as follows: 1. The Court's dismissal of damages claims in Counts I and V-X of the

Civil Action No. 05-567-GMS

amended complaint (D.I. 25) on the basis of Younger abstention is hereby VACATED. 2. Accordingly, the Court's dismissal of Plaintiff's state law damages claims

in Counts XI through XIII is likewise VACATED. 3. The damages claims in Counts I and V through XIII in the above-

captioned action are hereby STAYED until the final disposition of the pending disciplinary and criminal proceedings against Plaintiff. 4. Plaintiff shall inform the Court within thirty (30) days of the final

disposition of all such proceedings. Dated: ____________, 2006 HONORABLE GREGORY M. SLEET UNITED STATES DISTRICT JUDGE