Ballou v. McElvain

Opinion

5 Hon. Ronald B. Leighton

6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 7 JULIE BALLOU, 8 No. 3:19-cv-05002-RBL Plaintiff, 9 ORDER GRANTING STIPULATED vs. MOTION TO SET TRIAL DATE AND 10 STAY CASE PENDING JAMES McELVAIN, P.H.D., in his INTERLOCUTORY APPEAL 11 individual and representative capacity; and CITY OF VANCOUVER, a municipal 12 corporation,

13 Defendants. 14 The parties, by and through undersigned counsel, stipulate as follows: 15 1. On April 17, 2020, the Court entered an order denying qualified immunity to 16 Defendant James McElvain on Plaintiff’s allegations under the First and Fourteenth 17 Amendment. (Dkt. 67.) 18 2. The Court of Appeals has jurisdiction to review on interlocutory appeal all legal 19 issues tied to a district court’s denial of qualified immunity. Mitchell v. Forsyth, 472 U.S. 511, 20 526 (1985); accord Plumhoff v. Rickard, 572 U.S. 765, 771-73 (2014). 21 3. Defendant McElvain has filed a notice of appeal. (Dkt. 73.) This divests the 22 district court to proceed to trial on issues that will be considered by the Ninth Circuit. City of 23 Los Angeles v. Santa Monica Baykeeper, 254 F.3d 882, 886 (9th Cir. 2001); Chuman v. Wright, 24 960 F.2d 104, 105 (9th Cir. 1992). 25 ORDER - 1 CITY ATTORNEY’S OFFICE 1 4. The parties have already stipulated, and the Court has agreed, to vacate all 2 pretrial deadlines. (Dkt. 72.) The parties now agree that this matter should be STAYED until 3 the conclusion of the appeal. However, the parties recognize that this matter will proceed to 4 trial regardless of how the Ninth Circuit decides the appeal, and as such ask the Court to set a 5 trial date after September 1, 2021, with the understanding that the date should be continued if 6 the appeal is not fully resolved within 60 days of the trial date. The parties will email their 7 dates of unavailability, if any, to the Court’s Courtroom Deputy. 8 ORDER 9 IT IS SO ORDERED. 10 DATED on June 2, 2020. 11 A 12 13 Ronald B. Leighton 14 United States District Judge

16 17 18 19 20 21 22 23 24 25 ORDER - 2 CITY ATTORNEY’S OFFICE