Fajardo v. City of Bakersfield et al

Filing 31

ORDER Requiring a Joint Status Report, signed by Magistrate Judge Jennifer L. Thurston on 4/23/2018. Joint report due by 5/4/2018. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GILBERTO FAJARDO, Plaintiff, 12 v. 13 14 CITY OF BAKERSFIELD, et al., Defendant. 15 ) Case No.: 1:16-cv-0699- JLT ) ) ORDER REQUIRING A JOINT STATUS REPORT ) ) ) ) ) ) 16 17 The Court has learned that the criminal trial (Case No.: BF160536) for the plaintiff has 18 concluded with a guilty finding on one charge and a mistrial on the others. Then, on March 29, 2018, 19 Mr. Fajardo plead guilty to one charge and other charges were dismissed.1 Thus, no later than May 4, 20 2018, counsel SHALL file a joint report detailing whether the stay should be lifted. 21 22 IT IS SO ORDERED. 23 Dated: April 23, 2018 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28 1 The court may take notice of facts that are capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned. Fed. R. Evid. 201(b); United States v. Bernal-Obeso, 989 F.2d 331, 333 (9th Cir. 1993). The record of state court proceeding is a source whose accuracy cannot reasonably be questioned. Mullis v. United States Bank. Ct., 828 F.2d 1385, 1388 n.9 (9th Cir. 1987); Valerio v. Boise Cascade Corp., 80 F.R.D. 626, 635 n. 1 (N.D.Cal.1978), aff'd, 645 F.2d 699 (9th Cir.); see also Colonial Penn Ins. Co. v. Coil, 887 F.2d 1236, 1239 (4th Cir. 1989); Rodic v. Thistledown Racing Club, Inc., 615 F.2d 736, 738 (6th. Cir. 1980).

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