Farhang v. Indian institute of Technology Kharagpur et al

Filing 377

ORDER DENYING PLAINTIFFS' ADMINISTRATIVE MOTION PURSUANT TO CIVIL LOCAL RULE 7-11 REQUESTING CERTIFICATION OF DEFENDANT IITK'S INTERLOCUTORY APPEAL OF THE COURT'S JANUARY 26, 2010 AS FRIVOLOUS re 364 . Signed by Judge Ronald M. Whyte on March 26, 2012. (rmwlc2, COURT STAFF) (Filed on 3/26/2012)

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E-FILED on 3/26/12

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

United States District Court
For the Northern District of California

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MANDANA D. FARHANG and M.A.
MOBILE,

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Plaintiffs,

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No. C-08-02658 RMW

v.
INDIAN INSTITUTE OF TECHNOLOGY,
KHARAGPUR; TECHNOLOGY
ENTREPRENEURSHIP AND TRAINING
SOCIETY; PARTHA P. CHAKRABARTI;
PALLAB DASGUPTA; GURASHISH S.
BRAR; RAKESH GUPTA; PRAVANJAN
CHOUDHURY; SUBRAT PANDA;
ANIMESH NASKAR,

ORDER DENYING PLAINTIFFS'
ADMINISTRATIVE MOTION PURSUANT
TO CIVIL LOCAL RULE 7-11
REQUESTING CERTIFICATION OF
DEFENDANT IITK'S INTERLOCUTORY
APPEAL OF THE COURT'S JANUARY 26,
2010 AS FRIVOLOUS

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Defendants.
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Plaintiffs request that the court certify as frivolous defendant IITK's appeal of the January 26,

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2010 order denying a motion to dismiss on sovereign immunity grounds. Cf. Chuman v. Wright, 960

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F.2d 104, 105 (9th Cir. 1992) ("Should the district court find that the defendants' claim of qualified

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immunity is frivolous or has been waived, the district court may certify, in writing, that defendants

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have forfeited their right to pretrial appeal, and may proceed with trial."). The motion is denied.

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DATED:

3/26/12
RONALD M. WHYTE
United States District Judge