UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
March 25, 2011
PETER KNOWLES, PLAINTIFF,
CITY OF BENICIA, POLICE CHIEF SANDRA SPAGNOLI, CITY MANAGER JIM ERICKSON, SERGEANT FRANK HARTIG, SERGEANT BOB OETTINGER, SERGEANT CHRIS BIDOU, SERGEANT SCOTT PRZEKURAT, OFFICER JOHN MCFADDEN, OFFICER MARK MENESINI, OFFICER JAMES LAUGHTER, OFFICER KEVIN ROSE, OFFICER JASON EAKIN, OFFICER, TED CRIADO, OFFICER JAKE HEINEMEYER, AND DOES 1 THROUGH XXX, INCLUSIVE, DEFENDANTS.
ORDER RE: STATUS CONFERENCE
The court has granted plaintiff's motion for summary adjudication on the issue of Frank Hartig's liability for violating plaintiff's Fourth Amendment rights by arresting him on December 23, 2007. While Hartig did not formally move for summary judgment on his defense of qualified immunity, he opposed the motion in part on qualified immunity grounds. In granting plaintiff's motion, the court explicitly rejected Hartig's defense of qualified immunity.
It accordingly appears that the court's Order is immediately appealable. See Wilkinson v. Torres, 610 F.3d 546, 549 (9th Cir. 2010) (citing Scott v. Harris, 550 U.S. 372, 376 n.2 (2007)). A Status Conference is therefore set for April 4, 2011, at 2:00 p.m. in Courtroom No. 5. Counsel shall be prepared to advise the court on whether Hartig intends to file an appeal from the court's Order and, if so, the extent to which further proceedings in this actions should be stayed pending such appeal.
IT IS SO ORDERED.
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