Oliver v. Wong et al

Filing 69

ORDER signed by Judge Lawrence K. Karlton on 1/23/13 ORDERING that plaintiff's motion for a stay pending appeal (ECF No. 63 ) is denied as moot. (Becknal, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES OLIVER,
Plaintiff,

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vs.

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No. 2:08-cv-2524 LKK GGH P

SCOTT CHESSER,
Defendant.

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ORDER
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On September 27, 2012, this court entered an order which: (1) denied plaintiff’s

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motion for summary judgment; (2) granted in part and denied in part defendant’s motion for

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judgment on the pleadings; and (3) advised the parties that it would schedule a trial on the

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remaining issues in the action. See ECF No. 59.
On October 22, 2012, plaintiff filed a notice of appeal of the court’s September

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27, 2012 order, and now seeks a stay pending appeal. See ECF No. 63. .

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Jurisdiction

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On November 9, 2012, the Ninth Circuit dismissed the appeal for lack of

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jurisdiction, because the challenged order was not final or appealable. (ECF No. 65.) The Ninth

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Circuit’s order took effect on December 4, 2012. (ECF No. 67.)

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for a stay

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pending appeal (ECF No. 63) is denied as moot.

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DATED: January 23, 2013.

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