Spikes
Spikes v. Arabo
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 12 KAREL SPIKES. Case No.: 19-CV-001594 W (MDD) Plaintiff, ORDER GRANTING PLAINTIFF'S v. MOTION TO STAY [DOC. 21] RENAE M. ARABO, et al., Defendants. 18 Pending before the Court is Plaintiff Karel Spikes’ ex parte motion to stay this lawsuit to allow for a writ of mandamus to be filed with the Ninth Circuit Court of Appeals in connection with this Court’s affirmation of Magistrate Judge Dembin’s order disqualifying Plaintiff’s counsel. Defendants oppose the ex parte motion. [Doc. 23.] “A writ of mandamus may be used to review the disqualification of counsel by a district court because the harm of such disqualification cannot be corrected with an ordinary appeal.” Cole v. U.S. Dist. Court For Dist. of Idaho, 366 F.3d 813 (9th Cir. 2004). However, filing a writ of mandamus does not automatically stay proceedings in the district court. Filtrol Corp. v. Kelleher, 467 F.2d 242, 244…