Franklin et al v. Burbank

Filing 9

ORDER staying appeal. Signed by Judge Whyte on 4/4/2013. (rmwlc2, COURT STAFF) (Filed on 4/4/2013)

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UNITED STATES DISTRICT COURT

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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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PAUL J. FRANKLIN, et al.,
Appellants,

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Case No. C-12-02640-RMW
ORDER STAYING APPEAL

v.
RUSSELL K. BURBANK,
Respondent.

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On March 26, 2013, the court issued an order to show cause why the parties' appeals should

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not be dismissed for failure to prosecute. Dkt. No. 7. On March 27, 2013, the parties filed a joint

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statement with the court notifying it that they were in talks to settle the entire case, including the

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appeals at issue here and requested a stay. Dkt. No. 8. Therefore, the court stays the appeal and

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cross appeal until May 31, 2013. The parties are ordered to file a joint report advising the court on

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the status of the case, prospect of further settlement talks, and a recommendation of whether the stay

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should be vacated and a proposed briefing schedule by the earlier of two weeks of the termination of

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the judicial settlement conference or May 31, 2013.

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Dated: April 4, 2013

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RONALD M. WHYTE
United States District Judge

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ORDER STAYING APPEAL
CASE NO. C-12-02646-RMW
SW

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