Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: ORDER STAYING CASE AND DEFERRING RULING ON RENEWED MOTION TO DISMISS PENDING DISPOSITION OF APPEAL (ECF Nos. 98, 99) JANIS L. SAMMARTINO , District Judge . Presently before the Court is Defendants Joseph P. Hagan, Michael A. Narachi, and Preston Klassen's (the "Moving Defendants") Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws ("Renewed Mot.," ECF No. 98). On January 23, 2019, the Court set a briefing schedule and a hearing for April 18, 2019. See E
Summary: ORDER STAYING CASE AND DEFERRING RULING ON RENEWED MOTION TO DISMISS PENDING DISPOSITION OF APPEAL (ECF Nos. 98, 99) JANIS L. SAMMARTINO , District Judge . Presently before the Court is Defendants Joseph P. Hagan, Michael A. Narachi, and Preston Klassen's (the "Moving Defendants") Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws ("Renewed Mot.," ECF No. 98). On January 23, 2019, the Court set a briefing schedule and a hearing for April 18, 2019. See EC..
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ORDER STAYING CASE AND DEFERRING RULING ON RENEWED MOTION TO DISMISS PENDING DISPOSITION OF APPEAL
(ECF Nos. 98, 99)
JANIS L. SAMMARTINO, District Judge.
Presently before the Court is Defendants Joseph P. Hagan, Michael A. Narachi, and Preston Klassen's (the "Moving Defendants") Motion to Dismiss Consolidated Complaint for Violation of the Federal Securities Laws ("Renewed Mot.," ECF No. 98). On January 23, 2019, the Court set a briefing schedule and a hearing for April 18, 2019. See ECF No. 97. On March 5, 2019, the United States Court of Appeals for the Ninth Circuit recalled the mandate issued on November 13, 2018, as "issued in error." See ECF No. 99. Having been divested of jurisdiction, see, e.g., Apple, Inc. v. Samsung Elecs. Co., No. 11-CV-01846-LHK, 2012 WL 1987042, at *1 (N.D. Cal. June 4, 2012) ("Simply put, jurisdiction follows the mandate.") (quoting United States v. Rodgers, 101 F.3d 247, 251 (2d Cir. 1996)), the Court STAYS this action and DEFERS RULING ON the Moving Defendants' Renewed Motion pending receipt of a mandate from the Ninth Circuit in Khoja v. Orexigen Therapeutics, Inc., No. 16-56069 (9th Cir. Filed July 26, 2016).
IT IS SO ORDERED.
