Paulo v. Williams

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA S| JUSTIN PAULO, Case No.: 2:19-cv-00474-CDS-NJK 6 Plaintiff, Order [Docket No. 166] 8! BRIAN WILLIAMS, et ai., 9 Defendants.

10 On February 14, 2024, the parties submitted a stipulation to set a settlement conference in 11] this case. Docket No. 157. The Court granted the stipulation and set a settlement conference for 12] March 26, 2024. Docket No. 160. On February 23, 2024, Defendants filed a notice of appeal of 13} this Court’s prior order denying Defendants’ entitlement to qualified immunity. Docket No. 163 14} at 1-2. “As a general rule, the filing of a notice of appeal divests a district court of jurisdiction over those aspects of the case involved in the appeal.” Stein v. Wood, 127 F.3d 1187, 1189 (9th 16] Cir. 1997). Since the appeal involves the Defendants’ qualified immunity claim, this Court lacks 17} jurisdiction to hold a settlement conference and, in any event, any settlement conference would be 18} futile at this time.

19 Accordingly, the settlement conference set for March 26, 2024, is hereby VACATED.

20] Further, the parties’ stipulation to excuse the appearance of some Defendants at the settlement 21} conference is DENIED as moot. Docket No. 166.

22 IT IS SO ORDERED.

23 Dated: March 1, 2024 fe.

24 ZENS a a, Nancy J. Koppés 25 United States Magistrate Judge