Atienza

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 JEANNIE ATIENZA, et al., Case No. 19-cv-03440-RS Plaintiffs, 11 v. ORDER GRANTING MOTION TO CERTIFY APPEAL AS FRIVOLOUS ANDREW HALL, et al., AND DENYING MOTION FOR STAY 13 Defendants.

15 In June 2019, Plaintiff Jeannie Atienza, individually and as a successor-in-interest to Laudemer Arboleda, filed this civil rights action, asserting both federal and state law claims. On August 4, 2021, Defendant Officer Andrew Hall’s motion for summary judgment was denied. Officer Hall then filed a Notice of Appeal in the U.S. Court of Appeals for the Ninth Circuit. Atienza motioned to certify the appeal as frivolous (Dkt. 111). Officer Hall seeks to stay all proceedings, including Atienza’s state law claims, pending appeal (Dkt. 112). I. Legal Standard When a district court’s denial of a claim of qualified immunity turns on an issue of law, the defendant may file an interlocutory…