Opinion
Case No. 2:09-cv-09374-ODW(AJWx)
05-13-2013
ORDER VACATING ALL
PRETRIAL AND TRIAL DATES
DURING PENDANCY OF APPEAL
On March 4, 2013, Defendants filed a notice of appeal of this Court's February 4, 2013 Order denying them absolute witness immunity. (ECF No. 434 (appealing ECF No. 432).) Defendants' notice of appeal conferred jurisdiction over this case to the Ninth Circuit and divested this Court "of control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Discount Co., 459 U.S. 56, 58 (1982). The Court therefore VACATES all trial and associated pretrial dates in this case pending resolution of the appeal.
Within 7 days of the entry of the mandate on the docket, the parties shall file a joint report setting forth a brief summary of this litigation to date; the effect the outcome of the appeal will have on the case; and proposed expedited motion-in-limine hearing, pretrial conference, and trial dates. In preparing their joint report, the parties should bear in mind that this case will go to trial no later than 60 days following issuance of the mandate.
IT IS SO ORDERED.
___________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE