DeFilippo v. County of Stanislaus et al

Filing 36

ORDER re Stipulation and Order to Stay Civil Action Pending Resolution of Criminal Proceedings, signed by Magistrate Judge Erica P. Grosjean on 9/23/19. (Marrujo, C)

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)
Jayme L. Walker, Esq. (State Bar No. 273159)
3 GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER
1999 Harrison Street, Suite 1600
4 Oakland, CA 94612-3528
Telephone: [phone]
5 Facsimile: [phone]
Email: [e-mail]
[e-mail]
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[e-mail]
[e-mail]
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8 Attorneys for Plaintiffs
GEORGIA DEFILIPPO AND CHRISTINA DEFILIPPO
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GEORGIA DEFILIPPO AND CHRISTINA
14 DEFILIPPO,

Case No. 1:18-CV-00496-AWI-EPG
STIPULATION AND ORDER TO
STAY CIVIL ACTION PENDING
RESOLUTION OF CRIMINAL
PROCEEDINGS

Plaintiffs,

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16 vs.

17 COUNTY OF STANISLAUS, CITY OF
MODESTO, CITY OF TURLOCK, CITY
18 OF CERES, BIRGIT FLADAGER,
MARLISSA FERREIRA, KIRK BUNCH,
19 STEVE JACOBSON, DALE LINGERFELT,
FROILAN MARISCAL, LLOYD
20 MACKINNON, JON EVERS, DEREK
PERRY, CORY BROWN, GREG JONES,
21 TIMOTHY REDD, KENNETH
BARRINGER, FRANK NAVARRO, and
22 DOES 1-10, inclusive,
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(ECF No. 35)

Defendants.

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Plaintiffs GEORGIA DEFILIPPO and CHRISTINA DEFILIPPO (collectively,

26 “Plaintiffs”) and defendants COUNTY OF STANISLAUS, CITY OF MODESTO, CITY OF
27 TURLOCK, BIRGIT FLADAGER, MARLISSA FERREIRA, KIRK BUNCH, STEVE
28 JACOBSON, DALE LINGERFELT, FROILAN MARISCAL, LLOYD MACKINNON, JON
STIP. AND ORDER RE: STAY

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

1 EVERS, CORY BROWN, GREG JONES, TIMOTHY REDD, KENNETH BARRINGER, and
2 FRANK NAVARRO (collectively, the “Parties”), through their respective counsel, hereby agree
3 and stipulate as follows:
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1.

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

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2.

Related criminal cases of two C.H.P. officers involving some of the same facts

6 and witnesses as the present action are pending in Stanislaus County Superior Court, which will
7 implicate and hinder discovery in the present action.
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3.

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

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

On September 12, 2018, the Parties filed a Second Stipulation and Proposed

11 Order Staying the Civil Action for ninety (90) days to allow resolution of the criminal matter.
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5.

On January 2, 2019, the Parties filed a Third Stipulation and Proposed Order

13 Staying the Civil Action for ninety (90) days to allow resolution of the criminal matter.
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6.

On March 26, 2019, the Parties filed a Fourth Stipulation and Proposed Order

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

On June 24, 2019, the Parties filed a Fifth Stipulation and Proposed Order Staying

17 the Civil Action for ninety (90) days to allow resolution of the criminal matter.
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8.

The ninety (90) day Stay, which was signed by the Court on June 26, 2019, is set

19 to expire, with the hearing on defendants City of Turlock, Timothy Redd, and Frank Navarro’s
20 (“Turlock Defendants’”) Motion to Dismiss set for December 2, 2019.
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9.

However, the related criminal cases of two C.H.P. officers are still pending in the

22 Stanislaus County Superior Court.
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10.

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

24 additional ninety (90) days to allow resolution of the criminal case.
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11.

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

26 December 2, 2019, at 1:30 p.m. before District Judge Anthony W. Ishii shall be vacated and reset
27 to March 2, 2020, at 1:30 p.m. or will be held on _______________________.
28

12.

The deadline for Defendants City of Modesto, Jon Evers, County of Stanislaus,

STIP. AND ORDER RE: STAY

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

1 Birgit Fladager, Marlissa Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan
2 Mariscal, Lloyd Mackinnon, Cory Brown, Greg Jones and Kenneth Barringer to file a responsive
3 pleading to Plaintiffs’ complaint shall be set to sixty (60) days after the stay is lifted.
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13.

The initial mandatory scheduling conference will be set for as soon as practicable

5 after the parties notify the court that the criminal proceedings have been resolved.
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IT IS SO STIPULATED.

7 DATE: June 24, 2019

GWILLIAM, IVARY, CHIOSSO, CAVALLI & BREWER

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

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DATE: June 24, 2019

MEYERS NAVE RIBACK SILVER & WILSON

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/s/ David Mehretu (as authorized on 9/23/2019)
Deborah J. Fox
David Mehretu
Attorneys for Defendants
CITY OF MODESTO AND JON EVERS

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DATE: June 24, 2019

ARATA, SWINGLE, VAN EGMOND & GOODWIN

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/s/ Bradley J. Swingle (as authorized on 9/23/2019)
Bradley J. Swingle
Amanda J. Heitlinger
Attorneys for Defendants
CITY OF TURLOCK, TIMOTHY REDD AND
FRANK NAVARRO

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STIP. AND ORDER RE: STAY

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

1 DATE: June 24, 2019

PORTER SCOTT, APC

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/s/ John R. Whitefleet (as authorized on 9/23/2019)
John R. Whitefleet
Attorneys 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

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STIP. AND ORDER RE: STAY

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

ORDER

1
1.

2

Pursuant to the Parties’ stipulation (ECF No. 35), and finding good cause exists,

3 the present action shall be stayed for ninety (90) days.
2.

4

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

5 Motion to Dismiss, presently set for December 2, 2019, at 1:30 p.m. before District Judge
6 Anthony W. Ishii shall be vacated and reset to March 2, 2020, at 1:30 p.m. or as soon thereafter
7 as counsel may be heard.
3.

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The deadline for Defendants City of Modesto, Jon Evers, County of Stanislaus,

9 Birgit Fladager, Marlissa Ferreira, Kirk Bunch, Steve Jacobson, Dale Lingerfelt, Froilan
10 Mariscal, Lloyd Mackinnon, Cory Brown, Greg Jones and Kenneth Barringer to file a responsive
11 pleading to Plaintiffs’ complaint, will be reset to sixty (60) days after the stay is lifted.
4.

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The initial mandatory scheduling conference in Courtroom 10 before Magistrate

13 Erica P. Grosjean shall be set as soon as practicable after the parties notify the court that the
14 criminal proceedings have been resolved.
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IT IS SO ORDERED.

17 Dated:

September 23, 2019

/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