Jacobs v. Reed, et al.,

Filing 10

ORDER RE: REQUEST FOR STAY OF PROCEEDINGS PURSUANT TO STIPULATION signed by Senior Judge Lawrence K. Karlton on 6/9/10. (Mena-Sanchez, L)

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EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California DOUGLAS J. WOODS, State Bar No. 161531 Supervising Deputy Attorney General GEOFFREY L. GRAYBILL, State Bar No. 53643 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Fax: [phone] E-mail: [e-mail] Attorneys for Defendant California Attorney General Edmund G. Brown Jr.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

THOMAS JACOBS,

2:10-cv-00913-LKK-EFB

Plaintiff, REQUEST FOR STAY OF PROCEEDINGS PURSUANT TO STIPULATION [L.Rs. 143 & 144] AND v. [PROPOSED] ORDER CITY OF SAN JOSE MAYOR CHUCK REED, in both his individual and official The Hon. Lawrence K. Karlton capacities; CITY OF SAN JOSE; COUNTY Judge: OF SANTA CLARA; CITY OF SAN JOSE Courtroom: 4 Trial Date: TBD POLICE CHIEF ROB DAVIS, in both his individual and official capacities; COUNTY Action Filed: April 16, 2010 OF SANTA CLARA SHERIFF LAURIE SMITH, in both her individual and official capacities; and STATE OF CALIFORNIA ATTORNEY GENERAL EDMUND G. BROWN, in his official capacity, Defendants.

Pursuant to the United States District Court, Eastern District of California, Local Rules, Rule 143 and 144, Craig C. Weaver, co-counsel for plaintiff Thomas Jacobs, Geoffrey L. Graybill, Deputy Attorney General, representing Defendant Edmund G. Brown Jr., sued in his official capacity as Attorney General of the State of California (Defendant), Melissa Kiniyalocts, 1
Request for Stay of Proceedings Pursuant to Stipulation and [Proposed] Order (2:10-cv-00913-LKK-EFB)

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Lead Deputy County Counsel, representing Defendants County of Santa Clara and Santa Clara County Sheriff Laurie Smith sued in her individual and official capacities, and Margo Laskowska, Deputy City Attorney, representing Defendants City of San Jose, Mayor Chuck Reed sued in his individual and official capacities and San Jose Police Chief Rob Davis sued in his individual and official capacities state: They and each of them concurs with the representations and statements set forth in the declaration by Mr. Graybill submitted herewith. For the reasons stated in the Graybill Declaration, the parties respectfully request that this Court vacate the order setting the status conference currently in effect for June 28, 2010 and stay all proceedings in this matter including but not limited to responses to the complaint until after the U.S. Supreme Court decides McDonald v. City of Chicago (Doc. No. 08-1521) and/or the related case, National Rifle Association of America v. City of Chicago (No. 08-1497) in which writs of certiorari have been granted with decisions expected on or before June 30, 2010, and the U. S. Court of Appeals for the Ninth Circuit decides Nordyke v. King, No. 07-15763, for which proceedings have been stayed pending the Supreme Court's decision in McDonald and/or National Rifle Association of America. The parties agree to enlarge the time to respond to the complaint until 20 days after the stay is lifted by order of the Court. The parties further agree that by stipulating to stay the action Defendants are not waiving their right to bring a motion pursuant to 28 U.S.C. § 1404(a) to transfer the action for the convenience of the parties. The parties respectfully request that the order vacating and staying proceedings remain in effect pending further order of the Court. The parties are obligated to notify this Court of decisions in McDonald, Nordyke and Mehl within five working days after each has been filed. /// /// ///

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Request for Stay of Proceedings Pursuant to Stipulation and [Proposed] Order (2:10-cv-00913-LKK-EFB)

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IT IS SO STIPULATED. Dated: June 8, 2010 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California DOUGLAS J. WOODS Supervising Deputy Attorney General /s/

Geoffrey L. Graybill

GEOFFREY L. GRAYBILL Deputy Attorney General Attorneys for Defendant California Attorney General Edmund G. Brown Jr. /s/ Melissa Kiniyalocts _________________________________ MELISSA KINIYALOCTS Lead Deputy County Counsel County of Santa Clara Attorney for Defendants Santa Clara County and Sheriff Laurie Smith RICHARD DOYLE, City Attorney /s/ Margo Laskowska _____________________________ MARGO LASKOWSKA Deputy City Attorney Attorneys for Defendants City of San Jose, San Jose Mayor Chuck Reed, and San Jose Police Chief Rob Davis /s/ Craig C. Weaver _________________________________ CRAIG C. WEAVER Co-Counsel for Plaintiff Thomas Jacobs

Dated: June 8, 2010

Dated: June 8, 2010

By:

Dated: June 8, 2010

IT IS SO ORDERED.

Date: June 9, 2010

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Request for Stay of Proceedings Pursuant to Stipulation and [Proposed] Order (2:10-cv-00913-LKK-EFB)