DeFilippo v. County of Stanislaus et al

Filing 23

ORDER as follows: 1) The present action shall be stayed for an additional ninety (90) days; 2) The hearing on Defendants City of Turlock, Timothy Redd, and Frank Navarro's Motion to Dismiss, presently set for October 1, 2018, at 1:30 p.m. before District Judge Anthony W. Ishii, shall be vacated and reset to January 28, 2019, at 1:30 p.m. or as soon thereafter as counsel may be heard; 3) The deadline for Defendants City of Modesto and Jon Evers to file a responsive pleading to Plaintiffs 9; complaint shall be set to sixty (60) days after the stay is lifted; 4) The deadline for Defendants County of Stanislaus, Birgit Fladager, Marlissa Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan Mariscal, Llyod Mackinnon, Cory Brown , Greg Jones, and Kenneth Barringer ("Stanislaus Defendants") to file a responsive pleading to Plaintiffs' complaint shall be set to sixty (60) days after the stay is lifted; 5) The initial mandatory scheduling conference set for Decem ber 10, 2018, at 10:00 a.m. in Courtroom 10 before Magistrate Erica P. Grosjean shall be vacated and reset as soon as practicable after the parties notify the court that the criminal proceedings have been resolved. Order signed by Magistrate Judge Erica P. Grosjean on 9/12/2018. (Rooney, M)

1 J. Gary Gwilliam, Esq. (State Bar No. 33430)
Randall E. Strauss, Esq. (State Bar No. 168363)
2 Robert J. Schwartz, Esq. (State Bar No. 254778)
GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
3 1999 Harrison Street, Suite 1600
Oakland, CA 94612-3528
4 Telephone: [phone]
Facsimile: [phone]
5 Email: [e-mail]
[e-mail]
6
Attorneys for Plaintiffs
7 GEORGIA DEFILIPPO AND CHRISTINA DEFILIPPO
8
9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

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12 GEORGIA DEFILIPPO AND CHRISTINA
DEFILIPPO,
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Plaintiffs,
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vs.
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COUNTY OF STANISLAUS, CITY OF
16 MODESTO, CITY OF TURLOCK, CITY
OF CERES, BIRGIT FLADAGER,
17 MARLISSA FERREIRA, KIRK BUNCH,
STEVE JACOBSON, DALE LINGERFELT,
18 FROILAN MARISCAL, LLOYD
MACKINNON, JON EVERS, DEREK
19 PERRY, CORY BROWN, GREG JONES,
TIMOTHY REDD, KENNETH
20 BARRINGER, FRANK NAVARRO, and
DOES 1-10, inclusive,
21
Defendants.
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Case No. 1:18-CV-00496-AWI-EPG
STIPULATION AND ORDER TO
STAY CIVIL ACTION PENDING
RESOLUTION OF CRIMINAL
PROCEEDINGS
(ECF No. 22)

Plaintiffs GEORGIA DEFILIPPO and CHRISTINA DEFILIPPO (collectively,

24 “Plaintiffs”) and defendants COUNTY OF STANISLAUS, CITY OF MODESTO, CITY OF
25 TURLOCK, BIRGIT FLADAGER, MARLISSA FERREIRA, KIRK BUNCH, STEVE
26 JACOBSON, DALE LINGERFELT, FROILAN MARISCAL, LLOYD MACKINNON, JON
27 EVERS, CORY BROWN, GREG JONES, TIMOTHY REDD, KENNETH BARRINGER, and
28 FRANK NAVARRO (collectively, the “Parties”), through their respective counsel, hereby agree
STIP. AND ORDER RE: STAY

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CASE NO. 1:18-CV-00496-AWI-EPG

1 and stipulate as follows:
2

1.

Plaintiffs filed the complaint in this action on April 10, 2018.

3

2.

A related criminal case involving some of the same facts and witnesses as the

4 present action is pending in Stanislaus County Superior Court, which will implicate and hinder
5 discovery in the present action.
3.

6

On July 11, 2018, the Parties filed a Stipulation and Proposed Order Staying the

7 Civil Action for ninety (90) days to allow resolution of the criminal matter.
4.

8

The ninety (90) day Stay, which was signed by the Court on July 13, 2018, is set

9 to expire, with the hearing on defendants City of Turlock, Timothy Redd, and Frank Navarro’s
10 (“Turlock Defendants’”) Motion to Dismiss set for October 1, 2018, and the Initial Scheduling
11 Conference set for December 10, 2018.
5.

However, the criminal case is still pending in the Stanislaus County Superior

6.

12

Accordingly, the Parties agree that the present action should stayed for an

13 Court.
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15 additional ninety (90) days to allow resolution of the criminal case.
16

7.

The hearing on the Turlock Defendants’ Motion to Dismiss, presently set for

17 October 1, 2018, at 1:30 p.m. before District Judge Anthony W. Ishii shall be vacated and reset
18 to January 28, 2019, at 1:30 p.m.
19

8.

The deadline for Defendants City of Modesto and Jon Evers (“Modesto

20 Defendants”) to file a responsive pleading to Plaintiffs’ complaint shall be set to sixty (60) days
21 after the stay is lifted.
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9.

The deadline for Defendants County of Stanislaus, Birgit Fladager, Marlissa

23 Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan Mariscal, Llyod Mackinnon,
24 Cory Brown, Greg Jones and Kenneth Barringer (“Stanislaus Defendants”) to file a responsive
25 pleading to Plaintiffs’ complaint shall be set to sixty (60) days after the stay is lifted.
26

10.

The initial mandatory scheduling conference set for December 10, 2018, at 10:00

27 a.m. in Courtroom 10 before Magistrate Erica P. Grosjean shall be vacated and reset as soon as
28 practicable after the parties notify the court that the criminal proceedings have been resolved.
STIP. AND ORDER RE: STAY

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CASE NO. 1:18-CV-00496-AWI-EPG

1

IT IS SO STIPULATED.

2 DATE: September 7, 2018

GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

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/s/ Robert J. Schwartz
J. Gary Gwilliam
Randall E. Strauss
Robert J. Schwartz
Attorneys for Plaintiffs
GEORGIA DEFILIPPO AND CHRISTINA
DEFILIPPO

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5
6
7
8

DATE: September 7, 2018

MEYERS NAVE RIBACK SILVER & WILSON

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/s/ David Mehretu (as authorized on 09/11/2018)
Blake P. Loebs
David Mehretu
Robert S. Moutrie
Attorneys for Defendants
CITY OF MODESTO AND JON EVERS

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12
13
14 DATE: September 7, 2018

ARATA, SWINGLE, VAN EGMOND & GOODWIN

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/s/ Amanda J. Heitlinger (as authorized on 09/11/2018)
Bradley J. Swingle
Amanda J. Heitlinger
Attorneys for Defendants
CITY OF TURLOCK, TIMOTHY REDD AND
FRANK NAVARRO

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17
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DATE: September 7, 2018

PORTER SCOTT, APC

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/s/ John R. Whitefleet (as authorized on 09/11/2018)
John R. Whitefleet
Attorneys for Defendants
COUNTY OF STANISLAUS, BIRGIT FLADAGER,
MARLISSA FERREIRA, KIRK BUNCH, STEVE
JACOBSON, DALE LINGERFELT, FROILAN
MARISCAL, LLOYD MACKINNON, CORY
BROWN, GREG JONES AND KENNETH
BARRINGER

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STIP. AND ORDER RE: STAY

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CASE NO. 1:18-CV-00496-AWI-EPG

ORDER

1

Pursuant to the stipulation of the parties (ECF No. 22), and a finding of good cause, IT IS

2

3 ORDERED:
4

1.

The present action shall be stayed for an additional ninety (90) days.

5

2.

The hearing on defendants City of Turlock, Timothy Redd, and Frank Navarro’s

6 Motion to Dismiss, presently set for October 1, 2018, at 1:30 p.m. before District Judge Anthony
7 W. Ishii shall be vacated and reset to January 28, 2019, at 1:30 p.m. or as soon thereafter as
8 counsel may be heard.
3.

9

The deadline for Defendants City of Modesto and Jon Evers to file a responsive

10 pleading to Plaintiffs’ complaint shall be set to sixty (60) days after the stay is lifted.
4.

11

The deadline for Defendants County of Stanislaus, Birgit Fladager, Marlissa

12 Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan Mariscal, Llyod Mackinnon,
13 Cory Brown, Greg Jones, and Kenneth Barringer (“Stanislaus Defendants”) to file a responsive
14 pleading to Plaintiffs’ complaint shall be set to sixty (60) days after the stay is lifted.
5.

15

The initial mandatory scheduling conference set for December 10, 2018, at 10:00

16 a.m. in Courtroom 10 before Magistrate Erica P. Grosjean shall be vacated and reset as soon as
17 practicable after the parties notify the court that the criminal proceedings have been resolved.
18
19 IT IS SO ORDERED.
20 Dated:

September 12, 2018

/s/
UNITED STATES MAGISTRATE JUDGE

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STIP. AND ORDER RE: STAY

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CASE NO. 1:18-CV-00496-AWI-EPG