Clover

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JASON CLOVER, et al. Case No.: 20cv567-LAB (WVG)

Plaintiffs,

ORDER DENYING AS MOOT

v. JOINT MOTION TO STAY

CAMP PENDLETON & QUANTICO HOUSING LLC, et al. 15 Defendants.

17 On March 12, the Court denied Defendants’ motion to dismiss, finding that, among other things, they were not entitled to immunity. The Court did not resolve the question of whether the immunity they asserted was jurisdictional. They filed a notice of appeal of that order, and the Ninth Circuit has set a briefing schedule. The parties have now filed a joint motion to stay the case, pending the outcome of Childs v. San Diego Family Housing, LLC (9th Circuit Case No. 20-56049), the outcome of which will likely be controlling in this case. A valid notice of appeal divests the district court of jurisdiction over all but tangential matters. Marks v. Clarke, 102 F.3d 1012, 1017 n.8 (9th Cir. 1996). The denial of immunity is immediately appealable. Mitchell…