Opinion
CV-22-00572-PHX-JAT
09-10-2024
Gabriel Bassford, Plaintiff, v. Kyler Newby, Defendant.
ORDER
James A. Teilborg, Senior United States District Judge
On August 15, 2024, this Court denied, in part, Defendant Newby's motion for summary judgment. On September 9, 2024, Defendant Newby filed a notice of interlocutory appeal of the Court's August 15, 2024 Order regarding the Court's denial of qualified immunity.
Defendant Newby has now filed a motion to stay this case. Generally, the filing of a notice of interlocutory appeal of a denial of qualified immunity “divests the district court of jurisdiction to proceed with trial” on the claim being appealed. Chuman v. Wright, 960 F.2d 104, 105 (9th Cir. 1992). Therefore, the Court will grant the motion to stay.
If at any point prior to the conclusion of the appeal, Plaintiff moves to lift the stay, Plaintiff must show that the appeal is either frivolous or has been waived. Id. An interlocutory appeal of the denial of qualified immunity “is frivolous ‘if the results are obvious or the arguments of error are wholly without merit.'” Vasquez-Brenes v. Las Vegas Metro. Police Dep't, No. 2:12-CV-1635 JCM VCF, 2015 WL 1268026, at *1 (D. Nev. Mar. 19, 2015) (quoting Amwest Mortg. Corp. v. Grady, 925 F.2d 1162, 1165 (9th Cir. 1991)). “Stated differently, an appeal from an order denying qualified immunity on summary judgment is frivolous where the order is so plainly correct that nothing can be said on the other side.” Wilson v. Maricopa Cnty., 484 F.Supp.2d 1015, 1021 (D. Ariz. 2006).
Therefore, IT IS ORDERED that the motion to stay (Doc. 118) is granted. The deadlines are vacated.
cc:
Morrissey, Judge