Abudiab v. City and County of San Francisco et al

Filing 200

ORDER STAYING MATTER PENDING APPEAL.. Signed by Judge Jeffrey S. White on 4/4/12. (jjoS, COURT STAFF) (Filed on 4/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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AMJAD ABUDIAB,
Plaintiff,

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For the Northern District of California

United States District Court

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No. C 09-01778 JSW

v.
CITY AND COUNTY OF SAN FRANCISCO,
et al.,

ORDER STAYING MATTER
PENDING APPEAL

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Defendants.
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The parties dispute whether the Court should stay this matter pending Defendants’

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interlocutory appeal of the Court’s denial of qualified immunity. “The effective filing of a

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notice of appeal transfers jurisdiction from the district court to the court of appeals with respect

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to all matters involved in the appeal.” Masalosalo by Masalosalo v. Stonewall Ins. Co., 718

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F.2d 955, 956 (9th Cir. 1983) (citing Griggs v. Provident Consumer Discount Co., 459 U.S. 56

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(1982). This rule “is designed to avoid the confusion and inefficiency of two courts considering

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the same issues simultaneously.” Id. Although the pending appeal would not resolve all of

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Plaintiff’s claims, there are certainly some overlapping claims and issues. Therefore, in the

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interests of judicial economy, the Court HEREBY STAYS this matter pending the interlocutory

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appeal.

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IT IS SO ORDERED.

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Dated: April 4, 2012
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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