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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 PAUL J. FRANKLIN, et al., Appellants, 12 13 14 15 Case No. C-12-02640-RMW ORDER STAYING APPEAL v. RUSSELL K. BURBANK, Respondent. 16 17 On March 26, 2013, the court issued an order to show cause why the parties' appeals should 18 not be dismissed for failure to prosecute. Dkt. No. 7. On March 27, 2013, the parties filed a joint 19 statement with the court notifying it that they were in talks to settle the entire case, including the 20 appeals at issue here and requested a stay. Dkt. No. 8. Therefore, the court stays the appeal and 21 cross appeal until May 31, 2013. The parties are ordered to file a joint report advising the court on 22 the status of the case, prospect of further settlement talks, and a recommendation of whether the stay 23 should be vacated and a proposed briefing schedule by the earlier of two weeks of the termination of 24 the judicial settlement conference or May 31, 2013. 25 26 Dated: April 4, 2013 _________________________________ RONALD M. WHYTE United States District Judge 27 28 ORDER STAYING APPEAL CASE NO. C-12-02646-RMW SW -1-

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