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Gresham, v. Picker,, 2:16-CV-01848-JAM-CKD. (2017)

Court: District Court, E.D. California Number: infdco20171212824 Visitors: 3
Filed: Dec. 11, 2017
Latest Update: Dec. 11, 2017
Summary: STIPULATION AND ORDER REGARDING NOVEMBER 1, 2017 ORDER REQUIRING JOINT STATUS REPORT JOHN A. MENDEZ , District Judge . At the request of parties, the Court on October 31, 2017 stayed this matter pending resolution of an appeal the plaintiffs took to the Ninth Circuit Court of Appeals from this Court's order denying their motion for a preliminary injunction. On November 2, 2017, after receipt of the Ninth Circuit's Memorandum Affirming the District Court Order, this Court ordered parties to
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STIPULATION AND ORDER REGARDING NOVEMBER 1, 2017 ORDER REQUIRING JOINT STATUS REPORT

At the request of parties, the Court on October 31, 2017 stayed this matter pending resolution of an appeal the plaintiffs took to the Ninth Circuit Court of Appeals from this Court's order denying their motion for a preliminary injunction. On November 2, 2017, after receipt of the Ninth Circuit's Memorandum Affirming the District Court Order, this Court ordered parties to file on or before December 8, 2017 a Joint Status Report as previously ordered on August 5, 2016.

On November 8, 2017, the United States Supreme Court docketed the plaintiffs' petition for writ of certiorari from the Ninth Circuit Court of Appeals, at U.S. Supreme Court Case No. 17-677. On December 5, defendants/respondents filed a notice with the U.S. Supreme Court that they do not intend to file a response to the certiorari petition unless required to do so.

Counsel for both the plaintiffs and defendants have conferred and stipulate that it would be appropriate for this Court to continue the present stay of proceedings while the certiorari petition is under consideration, as any decision from the U.S. Supreme Court would likely have a material impact on the litigation.

Accordingly, the parties, by and through their respective undersigned counsel, respectfully request that the Court maintain the stay of all District Court proceedings in this matter pending the U.S. Supreme Court's determination on the petition for writ of certiorari, whether by denial of the petition or, if the petition is granted, by review of the Ninth Circuit's decision.

IT IS SO ORDERED.

Source:  Leagle

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