Adam et al v. Brzyscz et al

Filing 36

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 04/20/16 ORDERING that this case is STAYED in all respects until the conclusion of the related criminal cases. All pending dates and deadlines are VACATED. The Clerk is directed to administratively close this file, subject to its being reopened upon the motion of any party. CASE CLOSED (Benson, A)

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LOREN LUNSFORD, CSB No. 213966
[e-mail]
AMBER LUNSFORD, CSB No. 276908
[e-mail]
RÉGIA ARAUJO, CSB No. 294614
[e-mail]
LUNSFORD LEGAL GROUP
980 Ninth Street, 16th Floor
Sacramento, CA 95814
Telephone: [phone]

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Attorneys for Plaintiffs

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
1030 G Street
Sacramento, CA 95814
Phone: [phone]
Fax: [phone]

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Attorneys for Defendant COUNTY OF SACRAMENTO

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PLACER COUNTY COUNSEL’S OFFICE
DAVID K. HUSKEY (SBN 109329)
175 Fulweiler Avenue
Auburn, CA 95603
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant COUNTY OF PLACER
BRUCE A. KILDAY, ESQ., SB No. 066415
Email: [e-mail]
CARRIE A. MCFADDEN, ESQ., SB No. 245199
Email: [e-mail]
ANGELO, KILDAY & KILDUFF, LLP
Attorneys at Law
601 University Avenue, Suite 150
Sacramento, CA 95825
Telephone: [phone]
Telecopier: [phone]
Attorneys for Defendants BRET BRZYSCZ and CITY OF ROSEVILLE

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STIPULATION AND ORDER TO STAY ACTION

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SARA ADAM, ET AL,,

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Plaintiffs,

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No. 2:14-cv-02795 WBS DAD
STIPULATION AND [PROPOSED]
ORDER REQUESTING STAY OF ALL
PROCEEDINGS

v.
BRET BRZYSCZ, ET AL.,

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Defendants.

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Plaintiffs Sara Adam, Et Al. (collectively “Plaintiffs”) and Defendants Bret Brzyscz, City

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of Roseville, County of Placer, and County of Sacramento, (collectively “Defendants”), by and

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through their respective counsel of record, hereby stipulate to the flowing:

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1. WHEREAS Plaintiffs filed a civil rights complaint in the United States District

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Court in the Eastern District of California on November 29, 2014, arising out of an incident

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relating to the arrest of Plaintiff Samuel Duran and a series of raids on Plaintiffs’ homes one

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month after Plaintiff Samuel Duran’s arrest;

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2. WHEREAS Defendants Bret Brzyscz and City of Roseville filed an Answer to the

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Complaint and Defendants Placer County, Sacramento County, and Sacramento City filed

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Motions to Dismiss Plaintiffs’ Monell and state law claims.

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Sacramento County, and Sacramento City’s Motion to Dismiss state law claims were granted as

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well as Defendants’ claim for municipal liability based on searches and seizures without probable

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cause;

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///

Defendants Placer County,

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STIPULATION AND ORDER TO STAY ACTION

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3. WHEREAS on November 3, 2015, Defendant City of Sacramento was dismissed
without prejudice;

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4. WHEREAS on December 21, 2015, all claims brought against Defendant County

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of Sacramento pertaining to Plaintiffs not present at the 5612 Forestwood Drive address were

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dismissed without prejudice with Plaintiffs Sara Adam, Jesse Heredia, Isabella H., and Mya H.,

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continuing to assert claims against Defendant County of Sacramento;

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5. WHEREAS the Placer County District Attorney’s Office initiated criminal

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proceedings against Plaintiffs Samuel Duran following his arrest on October 25, 2013 and

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criminal proceedings against Plaintiffs Antonio Duran, Alexander Felix III, Anita Felix, Jorge

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Campos, Jose Felix, Alexis Sandoval, Danny Garcia, Juan Sanchez, and Davina Sanchez

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following their arrests on November 20, 2013;

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6. WHEREAS Plaintiffs Samuel Duran and Antonio Duran have ongoing criminal
prosecutions against them, which arises from intertwined facts as in this civil matter;
7. WHEREAS Plaintiff Samuel Duran’s defense relating to the criminal charges
alleged against him will not be ready for trial for at least another nine (9) months;
8. WHEREAS Plaintiff Antonio Duran’s defense relating to the criminal charges
alleged against him will not be ready for trial for at least another four (4) months;

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9. WHEREAS Plaintiffs Samuel Duran and Antonio Duran intend to invoke their

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rights pursuant to the Fifth Amendment of the United States Constitution in this civil action until

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the termination of criminal prosecutions against them;

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10.

WHEREAS all parties wish to stay all proceedings in this matter, including

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hearings, briefings, appearances, discovery obligations and any other deadlines imposed by law or

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the Court, pending termination of criminal prosecutions against Plaintiffs Samuel Duran and

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Antonio Duran, which is economically and judicially efficient;

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WHEREAS all parties recognize that proceeding with these actions at this

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time could have potential adverse effects on the parties’ ability to prove and disprove claims in

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this matter. For these reasons, the parties jointly request that this matter be stayed to the

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conclusion of the related criminal matters in the Placer County Superior Court proceedings;
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STIPULATION AND ORDER TO STAY ACTION

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WHEREAS Plaintiffs agree to notify Defendants and the Court at the

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termination of the related criminal matters, at which time reasonable dates for the civil matter can

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be determined.

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DATED: April 20, 2016

LUNSFORD LEGAL GROUP

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By:

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DATED: April 20, 2016

/s/ Regia J. Araujo
Régia J. Araujo
Attorneys for Plaintiffs
CREGGER & CHALFANT LLP

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By:

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PLACER COUNTY COUNSEL’S OFFICE

DATED: April 20, 2016

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By:

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/s/ Robert Chalfant
Robert Chalfant
Attorneys for Defendant County of
Sacramento

DATED: April 20, 2016

/s/ David K. Huskey
David K. Huskey
Attorneys for Defendant County of
Placer
ANGELO, KILDAY & KILDUFF, LLP

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By:

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/s/ Carrie A. McFadden
Carrie A. McFadden
Attorneys for Defendant City of
Roseville and Bret Brzyscz

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STIPULATION AND ORDER TO STAY ACTION

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ORDER

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Pursuant to the parties’ stipulation, this case shall remain stayed in all respects until the

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conclusion of the related criminal cases. All pending dates and deadlines are vacated. The Clerk

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is directed to administratively close this file, subject to its being reopened upon the motion of any

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party.

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IT IS SO ORDERED.

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Dated: April 20, 2016

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STIPULATION AND ORDER TO STAY ACTION