Francis

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

OCEAN MAITE FRANCIS, Case No. 24-cv-01140-VC

Plaintiff,

ORDER DENYING MOTION TO

v. CERTIFY APPEAL AS FRIVOLOUS;

STAYING IN PART DISCOVERY ON

NANCY MCKINNEY, et al., FTCA CLAIM Defendants. Dkt. No. 158

It was easy to conclude that the Dublin defendants are not entitled to qualified immunity at the pleading stage. The question whether their interlocutory appeal on qualified immunity grounds is frivolous is a close one. An appeal is only frivolous if the “results are obvious, or the arguments of error are wholly without merit.” In re George, 322 F.3d 586, 591 (9th Cir. 2003). Ultimately, the Court concludes that the allegations in the complaint—particularly as to the higher-level Dublin defendants—could have included more detail that would have made the case against qualified immunity at the pleading stage even stronger. Accordingly, the motion to certify the appeal as frivolous is denied, and discovery relating to the Bivens claims is stayed pending appeal. This leads to the issue of whether discovery should be stayed for the FTCA claim, which overlaps…