Herrera

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 WINIFREDO HERRERA, et al., Case No. 20-cv-03019-JCS Plaintiffs, 8 Vv. ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR

CATHAY PACIFIC AIRWAYS LTD., RECONSIDERATION WITHOUT

PREJUDICE Defendant. Re: Dkt. No. 67 qg

On June 11, 2021, Defendant Cathay Pacific filed a Motion for Leave to File a Motion for

v || Reconsideration (“Motion”) of the Court’s May 28, 2021 Order denying its Motion to Dismiss or © || in the Alternative, Compel Arbitration. Subsequently, it filed a Notice of Appeal of that Order to Q 16 || the Ninth Circuit. See dkt. no. 68. Because both the Motion and the appeal challenge the same

= || decision, the Court concludes that it is divested of jurisdiction as to the Motion. See City of Los

|| Angeles, Harbor Div. vy. Santa Monica Baykeeper, 254 F.3d 882, 886 (9th Cir.…