Huskins et al. v. City of Vallejo et al.

Filing 46

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 8/29/17: All proceedings, deadlines, and discovery in this case shall be stayed pending the outcome of defendants' appeal of the order denying the anti-SLAPP motion. All responses to currently pending discovery shall be due within two weeks of the Ninth Circuit's issuance of the mandate following the appeal, or at another time as agreed upon by the parties. (Kaminski, H)

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CREGGER & CHALFANT LLP
ROBERT L. CHALFANT, SBN 203051
Email: [e-mail]
WENDY MOTOOKA, SBN 233589
Email: [e-mail]
701 University Avenue, Suite 110
Sacramento, CA 95825
Telephone: [phone]

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CLAUDIA M. QUINTANA, SBN 178613
City Attorney
KELLY J. TRUJILLO, SBN 244286
Assistant City Attorney
Email: [e-mail]
City of Vallejo, City Hall
555 Santa Clara Street
Vallejo, CA 94590
Telephone: [phone]
Attorneys for Defendants CITY OF VALLEJO,
KENNY PARK, MATHEW MUSTARD

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENISE HUSKINS and AARON QUINN,

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Case No. 2:16-cv-00603 TLN EFB

Plaintiffs,
vs.
CITY OF VALLEJO, a public entity,
KENNY PARK, MATHEW MUSTARD,
and DOES 1-25,

STIPULATION
PROCEEDINGS
OUTCOME ON
THEREON

TO
STAY
ALL
PENDING
THE
APPEAL;
ORDER

Defendants.

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

WHEREAS, plaintiffs filed the complaint in this action on March 22, 2016, and
defendants timely responded with a special motion to strike (California anti-SLAPP);
WHEREAS, the Court denied defendants’ anti-SLAPP motion on July 5, 2017, and
defendants filed a timely notice of appeal;
WHEREAS, defendants’ anti-SLAPP motion and the pending appeal do not address all
claims at issue in this action;
STIPULATION AND ORDER TO STAY
PROCEEDINGS
Case No. 2:16-cv-00603 TLN EFB

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WHEREAS, issues to be decided on appeal may affect claims at issue that are not directly
challenged by the appeal;
WHEREAS, the parties therefore agree that judicial economy would be best served by
deferring further litigation on all claims until after the appeal resolves;
THEREFORE, the parties hereby stipulate, by and through their counsel of record, to the
following:
1.

That the Court stay all proceedings, deadlines, and discovery in this case pending

the outcome of defendants’ appeal of the order denying the anti-SLAPP motion; and
2.

That responses to currently pending discovery be due within two weeks of the

Ninth Circuit’s issuance of the mandate following the appeal, or at another time as agreed upon
by the parties.
IT IS SO STIPULATED.

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DATE: August 25, 2017

CREGGER & CHALFANT LLP

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/s/ Robert L. Chalfant
ROBERT L. CHALFANT
WENDY MOTOOKA
Attorneys for Defendants CITY OF VALLEJO,
KENNY PARK, MATHEW MUSTARD

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DATE: August 25, 2017

KERR & WAGSTAFFE LLP

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/s/ Kenneth Nabity (per authorization)
KENNETH NABITY, SBN: 287927
Attorneys for Plaintiffs DENISE HUSKINS and
AARON QUINN

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO STAY
PROCEEDINGS
Case No. 2:16-cv-00603 TLN EFB

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ORDER
After considering the Stipulation by and between the parties through their counsel of
record, IT IS HEREBY ORDERED THAT:
1.

All proceedings, deadlines, and discovery in this case shall be stayed pending the

outcome of defendants’ appeal of the order denying the anti-SLAPP motion; and
2.

All responses to currently pending discovery shall be due within two weeks of the

Ninth Circuit’s issuance of the mandate following the appeal, or at another time as agreed upon
by the parties.
IT IS SO ORDERED.

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Dated: August 29, 2017

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Troy L. Nunley
United States District Judge

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CREGGER & CHALFANT LLP
701 University Ave., #110
Sacramento, CA 95825
[phone]

STIPULATION AND ORDER TO STAY
PROCEEDINGS
Case No. 2:16-cv-00603 TLN EFB

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