Yourke

MEMORANDUM **

The Defendants appeal from the district court’s order denying a motion for qualified immunity. We dismiss the appeal for lack of appellate jurisdiction.

A review of the record reveals that we lack jurisdiction over this appeal because the district court’s order was not a final decision within the meaning of 28 U.S.C. § 1291 .

In this case, both parties filed motions for summary judgment on the issue of qualified immunity. The district court did not issue a final merits decision on either motion. Rather, the district court denied both motions without prejudice and stayed further proceedings in the district court pending resolution by this Court of a parallel case, Bull, et al., v. City and County of San Francisco, et al., No. 06-15566. The district court granted the parties leave *180 to re-notice their motions once a decision in Bull is issued. It is clear from the record that the district court did not intend its order to be a final resolution on the merits of the parties’ respective cross-motions for summary judgment. See Swint v. Chambers County Comm’n, 514 U.S. 35, 42 , 115 S.Ct. 1203 , 131 L.Ed.2d 60 (1995) (holding that where a district court “planned to…