Advanced Building & Fabrication, Inc., et al. v. California Highway Patrol, et al.

Filing 151

ORDER signed by District Judge Morrison C. England, Jr. on 8/21/2017 GRANTING 142 Defendant Curtis Ayers' Motion to Stay; and all proceedings are hereby STAYED pending the outcome of his appeal; the 9/7/2017 hearing is VACATED. (Reader, L)

1
2
3
4
5
6
7

MICHAEL VON LOEWENFELDT (178665)
DANIEL J. VEROFF (291492)
KERR & WAGSTAFFE LLP
101 Mission Street, 18th Floor
San Francisco, CA 94105–1727
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Defendant
CURTIS AYERS

8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11
12

ADVANCED BUILDING & FABRICATION,
INC., a California Corporation, ROBERT
HONAN, an individual,

13
14

Case No. 2:13-cv-02380-MCE-CKD
ORDER GRANTING MOTION TO
STAY ALL PROCEEDINGS IN THIS
ACTION PENDING APPEAL

Plaintiffs,
v.

Date: September 7, 2017
Time: 2:00 p.m.
Courtroom: 7
Judge: Hon. Morrison C. England, Jr.

15
16
17
18

CALIFORNIA HIGHWAY PATROL, JOHN
WILSON, an individual, CURTIS J. AYERS,
an individual, and DOES 1 to 20, inclusive,
Defendants.

19
20

Upon the Request of Defendant Curtis Ayers and the papers filed in support thereof, the

21

Court hereby finds that there is good cause to stay all further proceedings in this matter pending

22

the determination of Defendant Ayers’ appeal of this Court’s order denying his Motion for

23

Summary Judgment. (ECF Nos. 140-141).

24

Defendant Ayers’ appeal of this Court’s denial of Summary Judgment with respect to the

25

second, third, fourth, fifth, sixth, seventh and eighth causes of action on the basis that he is not

26

entitled to qualified and/or absolute immunity automatically stays all further proceedings on

27

those causes of action as to him. See Mitchell v. Forsyth, 472 U.S. 511, 525-530 (1985); Pauluk v.

28

Savage, 836 F.3d 1117, 1120-21 (9th Cir. 2016); Mattos v. Agarano, 661 F.3d 433, 439 (9th Cir.

1
Case No. 2:13-cv-02380-MCE-CKD

ORDER

1

2011) (en banc); Karl v. City of Mountlake Terrace, 678 F.3d 1062, 1067-68 (9th Cir. 2012). The

2

Court finds there is good cause to stay the remaining proceedings because the risk of irreparable

3

harm outweighs any potential prejudice to the Plaintiffs or the remaining defendants California

4

Highway Patrol and John Wilson as well.

5

After the automatic stay, the remaining claims include two causes of action against

6

Defendant Ayers for conversion and trespass to personal property which arise out of the same set of

7

facts, as well as all other causes of action mentioned above, which Plaintiffs also assert against the

8

remaining defendants and which arise out of the same set of facts as to all defendants. Plaintiffs also

9

allege an additional cause of action for false imprisonment against only the remaining defendants but

10

which also arises out of the same set of facts as the other claims. The Court finds that continuing this

11

case and proceeding to trial during the pendency of Defendant Ayers appeal would cause irreparable

12

harm to all parties. The alleged liability of the remaining defendants on all remaining causes of

13

action is so intertwined with the allegations against Defendant Ayers that a trial against the remaining

14

defendants on these claims would either amount to a trial against Defendant Ayers in which he

15

cannot defend himself, or would require the trial to proceed in a limited fashion in an attempt to

16

avoid any such prejudice which would in turn prejudice the remaining defendants and Plaintiffs.

17

This harm would be irreparable. It also would further prejudice Defendant Ayers and Plaintiffs to

18

have to appear for trial on the claims against him that are not stayed subject to the pending appeal,

19

and then to appear for a second trial on the rest if his appeal is denied. This likelihood for prejudice

20

and irreparable harm outweighs any countervailing factors. Accordingly, Defendant Ayers’ Motion

21

to Stay is GRANTED, and all proceedings are hereby stayed pending the outcome of his appeal (ECF

22

No. 141). The September 7, 2017, hearing is VACATED.

23
24

IT IS SO ORDERED.
DATED: AUGUST 21, 2017

25
26
27
28
2
Case No. 2:13-cv-02380-MCE-CKD

ORDER