Gregoire v. California Highway Patrol et al

Filing 55

ORDER Vacating Pretrial Conference Date and Setting Briefing Schedule. The Court directs Plaintiff to address whether the appeal is frivolous on or before March 11, 2016. Defendant shall file a response on or before March 18, 2016. The Court also vacates the pretrial conference set on March 4, 2016. Signed by Judge Gonzalo P. Curiel on 2/29/16.(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JACOB GREGOIRE,

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v.

CASE NO. 14CV1749-GPC(DHB)
Plaintiff,

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CALIFORNIA HIGHWAY PATROL,
an agency of the State of California;
SERGIO FLORES; and DOES 1 to 20,

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ORDER VACATING PRETRIAL
CONFERENCE DATE AND
SETTING BRIEFING SCHEDULE

Defendants.

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On February 16, 2016, the Court granted in part and denied in part Defendants’
motion for summary judgment. (Dkt. No. 46.) On February 25, 2016, Defendants filed
a notice of appeal. (Dkt. No. 52.) Defendants appeal the Court’s order on summary
judgment including its ruling on qualified immunity. (Id.)
The United States Supreme Court has recognized a narrow exception that allows
an interlocutory appeal of a denial of summary judgment based on qualified immunity.
Mitchell v. Forsyth, 472 U.S. 511, 530 (1985). A valid appeal from the denial of
qualified immunity automatically stays the district court proceedings unless the district
court certifies that the appeal is frivolous. Chuman v. Wright, 960 F.2d 104, 105 (9th
Cir. 1992) (interlocutory claim that is immediately appealable divests district court of
jurisdiction to proceed to trial). Accordingly, the Court directs Plaintiff to address
whether the appeal is frivolous on or before March 11, 2016. Defendant shall file a
response on or before March 18, 2016. The Court also vacates the pretrial conference
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[14CV1749-GPC(DHB)]

1 set on March 4, 2016.
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IT IS SO ORDERED.

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4 DATED: February 29, 2016
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HON. GONZALO P. CURIEL
United States District Judge

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[14CV1749-GPC(DHB)]