Clifford et al v. Placer County et al

Filing 82

ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2016 ORDERING 76 Plaintiff's Motion is DENIED without prejudice to refiling, if appropriate, once the appellate court issues its mandate. This case is STAYED until that same time as well. Finally, not later than 90 days following the date this order is electronically filed, and every 90 days thereafter until the mandate issues, the parties are directed to file joint status reports apprising this Court of the status of the appeal. CASE STAYED(Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ESTATE OF ROBERT (BOBBY) S.
CLIFFORD, et al.,
Plaintiffs,

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v.

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ORDER

PLACER COUNTY, et al.,
Defendants.

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No. 2:11-CV-02591-MCE-CKD

Presently before the Court is a Motion to Amend Pretrial Order (ECF No. 76) filed
by the sole remaining Plaintiff, Linda K. Clifford.1 By way of that Motion, Plaintiff seeks
leave to substitute a new retained expert for an expert previously designated. There is
currently an interlocutory appeal (ECF No. 72) in this case being considered, however,
by the Ninth Circuit, which divests this Court of jurisdiction to proceed to trial. See
Chuman v. Wright, 960 F.2d 104, 105 (9th Cir. 1992) (holding that, absent the district
court’s certification that an interlocutory appeal is frivolous or forfeited, “the district court
is automatically divested of jurisdiction to proceed with trial”). Regardless of whether this
Court nonetheless retains jurisdiction over pre-trial proceedings, a point the parties
dispute, it makes no practical sense, and would result in a waste of scarce resources, to
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Having determined that oral argument would not be of material assistance, the Court ordered this
Motion submitted on the briefing in accordance with Local Rule 230(g).

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proceed with such matters here while a potentially dispositive appeal is pending.

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Accordingly, Plaintiff’s Motion (ECF No. 76) is DENIED without prejudice to refiling, if

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appropriate, once the appellate court issues its mandate. This case is STAYED until that

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same time as well. Finally, not later than ninety (90) days following the date this order is

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electronically filed, and every ninety (90) days thereafter until the mandate issues, the

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parties are directed to file joint status reports apprising this Court of the status of the

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appeal.

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IT IS SO ORDERED.
Dated: June 13, 2016

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