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

Filing 26

ORDER LIFTING STAY AND CONTINUING STATUS CONFERENCE signed by Judge Garland E. Burrell, Jr on 4/14/15: This Order LIFTS the stay previously entered in this action and CONTINUES the Status (Pretrial Scheduling) conference from 4/20/15 to 6/8/15 at 9:00 a.m. A joint status report shall be filed no later than 14 days prior to the Status Conference, in which the parties shall address all pertinent subjects set forth in Local Rule 240. (Meuleman, A)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 9 ADVANCED BUILDING & FABRICATION, INC., a California Corporation; and ROBERT HONAN, an individual, Plaintiffs, 10 11 12 13 14 15 No. 2:13-cv-02380-GEB-CKD ORDER LIFTING STAY AND CONTINUING STATUS (PRETRIAL SCHEDULING) CONFERENCE v. CALIFORNIA HIGHWAY PATROL; JOHN WILSON, an individual; CURTIS J. AYERS an individual; and DOES 1 to 20, inclusive, Defendants. 16 17 This order lifts the stay previously entered in this 18 action since the parties explain as follows in the Joint Status 19 Report filed on April 2, 2015: 20 21 22 23 24 25 26 27 28 The purpose of this Joint Status Report is to inform the Court regarding the related pending criminal case against Robert Lee Honan entitled, People v. Honan, Butte Co. Superior Court Case No. CMO 38622. The status of that case is as follows: 1. People v. Honan stems from an alleged push and shove incident at Honan’s place of business on May 7, 2012 between Honan and Curtis J. Ayers (“Ayers”). 2. In May 14, 2013, the People filed a criminal complaint against Honan alleging six felonies and one misdemeanor. The People later filed a First Amended Information, adding two more felony counts. 1 1 3. All of the charges against Honan have now been dismissed. There are no pending charges against Honan. In light of the resolution of the criminal complaint against Plaintiff Honan, which was the basis of the stay of this litigation, Plaintiffs and Defendants jointly request that the stay imposed under the October 17, 2014 Order of the Court (ECF No. 20), be lifted. Within forty-five days of an order lifting the stay, Defendants will refile their motion to dismiss previously deemed withdrawn because of the stipulated stay, as set forth in the February 11, 2014 Order of the Court (ECF No. 9.) 2 3 4 5 6 7 8 9 (JSR 1:26-2:15.) Further, 10 the Status (Pretrial Scheduling) Conference 11 scheduled for hearing on April 20, 2015, is continued to June 8, 12 2015, at 9:00 a.m. 13 than fourteen (14) days prior to the Status Conference, in which 14 the parties shall address all pertinent subjects set forth in 15 Local Rule 240. IT IS SO ORDERED. 16 17 A joint status report shall be filed no later Dated: April 14, 2015 18 19 20 21 22 23 24 25 26 27 28 2

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