Sean Moore v. City and County of San Francisco et al
Filing
129
ORDER RE: MOTION TO CERTIFY APPEAL AS FRIVOLOUS. (Illston, Susan) (Filed on 1/8/2021)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
7
LOYCE AMOS MOORE, et al.,
Plaintiffs,
8
11
ORDER RE MOTION TO CERTIFY
APPEAL AS FRIVOLOUS
v.
9
10
Case No. 18-cv-00634-SI
CITY AND COUNTY OF SAN
FRANCISCO, et al.,
Re: Dkt. Nos. 124, 125
United States District Court
Northern District of California
Defendants.
12
13
On December 10, 2020, the Court issued an order granting in part and denying in part the
14
parties’ summary judgment motions. Dkt. No. 115. In that order the Court found “[r]esolution of
15
defendants’ qualified immunity defense requires determination of numerous factual disputes…. So
16
here, the qualified immunity question cannot be resolved on the record at this time.” Dkt. No. 115
17
at 81. Accordingly, that part of the summary judgment motion was denied. On December 23, 2020,
18
defendants filed a notice of appeal from that order. Dkt. No. 120.
19
On January 4, 2021, plaintiffs filed (1) a motion to certify defendants’ appeal of this Court’s
20
summary judgment ruling on qualified immunity as frivolous and (2) a motion to shorten time. Dkt.
21
No. 124 and 125. Defendants argue the Court’s ruling on qualified immunity is immediately
22
appealable and that their appeal has divested this Court of jurisdiction. Dkt. No. 126 at 2. However,
23
the Ninth Circuit has adopted a “dual jurisdiction rule” for purposes of interlocutory appeals of
24
qualified immunity denials, stating, “[s]hould the district court find that the defendants’ claim of
25
qualified immunity is frivolous or has been waived, the district court may certify, in writing, that
26
defendants have forfeited their right to pretrial appeal, and may proceed with trial.” Chuman v.
27
28
1
For ease of reference, page number citations to docket entries refer to the ECF branded
number in the upper right corner of the page.
Wright, 960 F.2d 104, 105 (9th Cir. 1992). Further, the United States Supreme Court has held “that
2
a defendant, entitled to invoke a qualified immunity defense, may not appeal a district court’s
3
summary judgment order insofar as that order determines whether or not the pretrial record sets
4
forth a ‘genuine’ issue of fact for trial.” Johnson v. Jones, 515 U.S. 304, 319-320 (1995). Thus, the
5
Ninth Circuit’s “jurisdiction to hear an interlocutory appeal from denial of qualified immunity turns
6
on the basis for denial…. an order denying qualified immunity on the ground that a genuine issue
7
of material fact exists is not a final, immediately appealable order.” Maropulos v. County of L.A.,
8
560 F.3d 974, 975 (9th Cir. 2009) (emphasis added). As such, this Court does have jurisdiction
9
over this matter. Further, in light of the imminent deadlines in this action (Joint Pretrial Conference
10
Statement due January 12, 2021; Pretrial Conference on January 26, 2021; and jury trial on February
11
United States District Court
Northern District of California
1
8, 2021), the Court determines that it is necessary to exercise this jurisdiction without further delay.
12
The Court therefore GRANTS plaintiffs’ motion certifying the appeal as frivolous.
13
Further, in light of the recent COVID-19 surge in the San Francisco Bay Area and the
14
attendant interruption in in-court proceedings for this month and perhaps next month, the Court
15
hereby converts the pre-trial conference currently set for January 26, 2021 into a status conference
16
to discuss next steps in this matter. The deadline for pre-trial filings is temporarily suspended.
17
18
19
20
21
IT IS SO ORDERED.
Dated: January 8, 2021
______________________________________
SUSAN ILLSTON
United States District Judge
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?