Hunter et al v. Florence, Town of et al

Filing 291

ORDER vacating all pretrial deadlines. Within 14 days of the date of this Order, Plaintiffs shall file either an objection to the stay and a request for certification of the appeal as frivolous or, alternatively, Plaintiffs shall file a notice of non-objection. Signed by Magistrate Judge Deborah M Fine on 11/7/2018. (ATD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Walt Hunter, et al.,

No. CV-14-1304-PHX-DMF

Plaintiffs,

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v.

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Town of Florence, et al.,

ORDER

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Defendants.

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Plaintiffs have filed a Notice indicating readiness for trial. (Doc. 289) Defendants

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objected and filed a Notice indicating that this matter has been stayed because they have

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initiated an appeal of this Court’s summary judgment order. (Doc. 290) An appeal from

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an adverse qualified immunity ruling will stay a trial unless the Court concludes that the

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claim of qualified immunity is frivolous. Chuman v. Wright, 960 F.2d 104, 105 (9th Cir.

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1992). A frivolous claim is one that is “‘so baseless that it does not invoke appellate

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jurisdiction[.]’” Marks v. Clarke, 102 F.3d 1012, 1017-18 n. 8 (9th Cir. 1996) (quoting

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Apostol v. Gallion, 870 F.2d 1335, 1339 (7th Cir. 1989)). The Court is inclined to stay the

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case because the Court is inclined to find that the issue on appeal is non-frivolous. Before

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staying the case pending the appeal, the Court will permit a response from Plaintiffs.

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Accordingly,
IT IS ORDERED vacating all pretrial deadlines.

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...

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IT IS FURTHER ORDERED that within 14 days of the date of this Order,

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Plaintiffs shall file either an objection to the stay and a request for certification of the appeal

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as frivolous or, alternatively, Plaintiffs shall file a notice of non-objection.

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Dated this 7th day of November, 2018.

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