Torres, et al v. City of Madera, et al

Filing 227

ORDER STAYING action and VACATING jury trial currently set for 5/25/2010 and all other existing pretrial dates; case stayed pending ruling by the Ninth Circuit; parties directed to inform the Court of the status of the case within 10 days of any ruli ng by the appellate court and are further directed to file a request to lift the stay, status report, and request for a scheduling conference date within 15 days after final ruling by the appellate court; order signed by Chief Judge Anthony W. Ishii on 4/9/2010. (Rooney, M)

1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This action arises from an incident in which Officer Marcy Noriega ("Officer Noriega") shot and killed Everardo Torres ("Everardo"). Everardo's estate and family ("Plaintiffs") have MARIA TORRES and MELCHOR TORRES, individually and as Administrators of the Estate of EVERARDO TORRES, ) ) ) ) ) Plaintiffs, ) ) v. ) ) CITY OF MADERA, et al., ) ) Defendants. ) ___________________________________ ) 1:02-CV-6385 AWI LJO ORDER STAYING ACTION AND VACATING TRIAL DATE IN LIGHT OF PENDING APPEAL

sued Officer Noriega and the City of Madera ("Defendants") under 42 U.S.C. § 1983 and state law. On November 18, 2009, the court issued a memorandum opinion and order granting Plaintiffs' request for judgment pursuant to Rule 54(b) on Plaintiff's civil rights claim. Plaintiffs have filed a notice of appeal with the Ninth Circuit Court of Appeals and the Ninth Circuit has set a briefing schedule. A review of the court's docket reveals that this action remains set for a pretrial conference to be heard on April 15, 2010 and trial to begin on May 25, 2010.

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In light of Plaintiffs' pending appeal, the court finds good cause to vacate the trial and other pretrial dates and deadlines. Because the length of the appeal is unknown, the court declines to set a new trial date at this time. After the appeal has been resolved, the parties shall notify the court, and the court will re-schedule this action. Accordingly, the court ORDERS that: 1. The trial date, pretrial conference date, and all other previously set deadlines are VACATED; 2. This action is HEREBY STAYED to allow Plaintiffs' appeal to be heard by the Ninth Circuit; 3. Within ten days of any ruling by the Ninth Circuit, Plaintiffs are DIRECTED to inform the court about the status of this case; and 4. Within fifteen days of any final ruling by the Ninth Circuit, the parties SHALL FILE a request to lift the stay, a status report regarding this action, and a request for a scheduling conference date.

IT IS SO ORDERED. Dated: 0m8i78 April 9, 2010 /s/ Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE

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