Cuviello v. City of Vallejo et al

Filing 51

ORDER signed by Magistrate Judge Kendall J. Newman on 5/3/2018 STAYING Case pending the outcome of plaintiff's interlocutory appeal of the court's order denying his motion for a preliminary injunction, Case No. 17-16948. The parties shal l file an updated joint status report in this court, within 14 days of the date the 9th Court of Appeals issues its mandate in Case No. 17-16948. The status report shall provide the information outlined in the court's prior 3 order setting status conference, as well as any other information necessary to facilitate the scheduling of this matter. Case STAYED. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOSEPH P. CUVIELLO,

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No. 2:16-cv-02584-KJM-KJN (PS)

Plaintiff,
v.

ORDER

CITY OF VALLEJO, et al.,
Defendants.

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On March 27, 2017, plaintiff Joseph P. Cuviello, who proceeds pro se, filed a motion for a

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preliminary injunction, enjoining defendant the City of Vallejo from enforcing Municipal Code

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Chapter 8.56, Section 8.56.010. (ECF No. 18.) On August 31, 2017, the court issued an order

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denying this motion (ECF No. 41), which plaintiff subsequently appealed. (ECF No. 42.)

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In the meantime, on May 9, 2017, defendants filed a motion for partial summary

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judgement (ECF No. 25), which the court also denied. (ECF No. 48.) Thereafter, the parties

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were directed to provide the court with an updated joint status report. (ECF No. 49.)

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In their joint status report, the parties request that this case be stayed “until the U.S. Court

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of Appeals for the Ninth Circuit resolves Mr. Cuviello’s interlocutory appeal from this Court’s

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order denying his motion for a preliminary injunction, Case No. 17-16948.” (ECF No. 50 at 1.)

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The parties explain that the pending decision from the Ninth Circuit “may resolve the parties’
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arguments in a way that provides guidance to this Court regarding the substantive merit of Mr.

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Cuviello’s claims.” (Id. at 4.)

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Accordingly, IT IS HEREBY ORDERED that:

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1. This matter is STAYED, pending the outcome of plaintiff’s interlocutory appeal of the

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court’s order denying his motion for a preliminary injunction, Case No. 17-16948.

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2. The parties shall file an updated joint status report in this court, within 14 days of the

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date the Ninth Circuit Court of Appeals issues its mandate in Case No. 17-16948. The

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status report shall provide the information outlined in the court’s prior order setting

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status conference (ECF No. 3 ), as well as any other information necessary to facilitate

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the scheduling of this matter.
Dated: May 3, 2018

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14/16-2584.cuviello v. vallejo.order stay

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