Barnes-Wallace, etal, et al v. Boy Scouts of Am, et al, No. 04-55732 (9th Cir. 2009)

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MITCHELL BARNES-WALLACE; MAXWELL BREEN, Plaintiffs-Appellees, v. CITY OF SAN DIEGO, Defendant, and BOY SCOUTS OF AMERICA-DESERT PACIFIC COUNCIL, Defendant-Appellant. MITCHELL BARNES-WALLACE; MAXWELL BREEN; LORI BARNESWALLACE, Guardian Ad Litem; LYNN BARNES-WALLACE, Guardian Ad Litem; MICHAEL BREEN, Guardian Ad Litem; VALERIE BREEN, Guardian Ad Litem, Plaintiffs-Appellants, v. CITY OF SAN DIEGO; BOY SCOUTS OF AMERICA-DESERT PACIFIC COUNCIL, Defendants-Appellees.   No. 04-55732 D.C. No. CV-00-01726NAJ/AJB Southern District of California, San Diego    No. 04-56167 D.C. No. 3:00-CV-01726J-AJB Southern District of California, San Diego ORDER  Filed May 15, 2009 Before: William C. Canby, Jr., Andrew J. Kleinfeld, and Marsha S. Berzon, Circuit Judges. 5835 5836 BARNES-WALLACE v. BOY SCOUTS OF AMERICA ORDER On April 1, 2009, the California Supreme Court denied this court s request for decision of certified questions without prejudice to renewal of the request after resolution of the issue of standing becomes final. Accordingly, further proceedings in this court are stayed pending the final determination of the Supreme Court of the United States of the petition for certiorari filed by the Defendants-Appellees on March 31, 2009 (Sup. Ct. Docket No. 08-1222), and pending the decision by the Supreme Court of Buono v. Salazar, No. 08-472, cert. granted, Feb. 23, 2009. PRINTED FOR ADMINISTRATIVE OFFICE U.S. COURTS BY THOMSON REUTERS/WEST SAN FRANCISCO The summary, which does not constitute a part of the opinion of the court, is copyrighted © 2009 Thomson Reuters/West.

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