Khosla

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 THE KOALA, Case No.: 16cv1296 JM(BLM)

Plaintiff,

ORDER ON MOTION TO STAY

v. PROCEEDINGS PRADEEP KHOSLA, in his official capacity as Chancellor of the University 15 of San Diego, et al., 16 Defendants. 17 This matter comes before the court on Defendants’ motion to stay proceedings. (Doc. No. 54.) For the reasons set forth below, Defendants’ motion is denied. On December 13, 2019, this court held a hearing spreading the mandate of the Ninth Circuit. (Doc. Entry. 49.) On January 7, 2020, Defendants filed a Motion to Recall Mandate and Withdraw Opinion (“Motion to Recall) with the Ninth Circuit, asserting that subject-matter jurisdiction over this dispute is lacking. (See Doc. No. 54-1, Ex.1.) Defendants move to stay this action pending resolution of the Motion to Recall on the grounds that: (1) the Plaintiff’s claims became moot while the appeal of the court’s order granting Defendants’ Motion to …