Allen v. California Highway Patrol

Filing 74

ORDER signed by District Judge Morrison C. England, Jr., on 8/9/17, ORDERING that Defendants' 73 Ex Parte Application for stay of proceedings and to set a briefing schedule on the issue of Plaintiff's standing is GRANTED. The trial and all pretrial dates are hereby VACATED. Defendants' Motion challenging Plaintiff's standing to bring this claim shall be noticed for hearing not later than 10/5/2017. (Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LAURIE E. ALLEN, individually and as
successor in interest of Keith W. Allen,
deceased,

v.

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CALIFORNIA HIGHWAY PATROL; et
al.,
Defendants.

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ORDER

Plaintiff,

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Case No. 2:13-cv-01821 MCE-EFB

Presently before the Court is Defendants’ Ex Parte Application (ECF No. 73) for stay of
proceedings and to set a briefing schedule on the issue of Plaintiff’s standing. Good cause having
been shown, that Application is GRANTED. The trial and all pretrial dates are hereby
VACATED.
Defendants’ Motion challenging Plaintiff’s standing to bring this claim shall be noticed for
hearing on the Court’s regular civil calendar not later than October 5, 2017. Further briefing shall
be filed in accordance with the Local Rules. Aside from the substantive issues regarding
standing, the parties are directed to address whether any potential factual issues must be tried to
the Court or to a jury. See, e.g., Cal. Code Civ. P. 377.60(b) (“‘[P]utative spouse’ means the
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[Proposed] Order (2:13-cv-01821 MCE-EFB)

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surviving spouse of a void or voidable marriage who is found by the court to have believed in

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good faith that the marriage to the decedent was valid.”).

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IT IS SO ORDERED.
Dated: August 9, 2017

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[Proposed] Order (2:13-cv-01821 MCE-EFB)