Wilson

Wilson v. City Of Oakland

Good Law
United States District Court, Northern District of CaliforniaSeptember 15, 20233:21-cv-03824California318 words

Opinion

Trial Court Opinion

1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 MATTHEW WILSON, et al., Case No. 21-cv-03824-MMC Plaintiffs,

ORDER STAYING CASE; VACATING

V. TRIAL AND PRETRIAL

CONFERENCE DATES

KEVIN DOMBY, et al., Defendants. On August 18, 2023, the Court denied defendants' motion for summary judgment, || finding defendants had not shown they were entitled to qualified immunity. On || September 14, 2023, defendants filed a "Notice of Appeal of Order Denying Defendants'

13 || Motion for Summary Judgment."

Upon the filing of an interlocutory appeal of an order denying qualified immunity, O || "the district court is automatically divested of jurisdiction to proceed with trial pending

O 16 || appeal." See Chumash v. Wright, 960 F. 2d 104, 105 (9th Cir. 1992).! Cc Q Accordingly, the above-titled action is hereby STAYED, pending resolution of S$ defendants’ interlocutory appeal, and, in light thereof, the October 16, 2023, trial…

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