Thursday, December 05, 2024

Chinaryan v. City of Los Angeles (9th Cir. - Dec. 4, 2024)

Were I the one responsible for writing the unofficial syllabus for this opinion, this is how it'd have gone (in its entirety):

"Ninth Circuit: 'Summary judgment reversed. Feel free to go to trial.' Mandate issues.
Party Stipulation (to District Court): 'Please stay the case while the loser petitions for certiorari.'
District Court: 'No can do. The mandate issued. No power. Ask the Ninth Circuit if you want one.'
Party Stipulation (to the Ninth Circuit): 'Please stay the case?'
Ninth Circuit: 'Nope. Denied. Ask the district court.'"

Admittedly, the Ninth Circuit also (helpfully) tells the district court: "You do have the power to stay, so stop saying you don't. Your call, not mine."

Otherwise this ping-pong could have gone on forever.