Brooke

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 THERESA BROOKE, Case No. 19-cv-07630-MMC

Plaintiff,

ORDER DENYING STIPULATION OF

v. DISMISSAL

GRAND HYATT SF LLC, Defendant.

12 The Court is in receipt of the parties' "Stipulation of Dismissal With Prejudice," as well as a proposed order approving the stipulation, both filed October 5, 2020. By order filed May 7, 2020, the Court dismissed plaintiff's complaint without further leave to amend. That same date, the Clerk of Court entered judgment and plaintiff filed a notice of appeal. On July 21, 2020, plaintiff filed a "Notice of Settlement." As plaintiff's appeal of the judgment remains pending before the Court of Appeals for the Ninth Circuit,1 this Court lacks jurisdiction to approve the parties' stipulation. In particular, the stipulation, although not expressly acknowledging such request, necessarily asks the Court to vacate the judgment, as, unless the judgment is set aside, there are…