Riley v. City of Richmond et al

Filing 87

ORDER LIFTING STAY OF FIRST THROUGH FOURTH CAUSES OF ACTION; SETTING DEADLINE FOR DEFENDANTS TO FILE MOTION FOR SUMMARY JUDGMENT AND HEARING DATE ON MOTION. Defendants are directed to file, no later than March 4, 2016, a motion for summary judgment, such motion to be heard on April 8, 2016, at 9:00 a.m. Signed by Judge Maxine M. Chesney on December 2, 2015. (mmclc1, COURT STAFF) (Filed on 12/2/2015)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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For the Northern District of California

United States District Court

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No. C-13-4752 MMC

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DEDRICK RILEY,

ORDER LIFTING STAY OF FIRST
THROUGH FOURTH CAUSES OF
ACTION; SETTING DEADLINE FOR
DEFENDANTS TO FILE MOTION FOR
SUMMARY JUDGMENT AND HEARING
DATE ON MOTION

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Plaintiff,
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v.
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THE CITY OF RICHMOND, et al.,
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Defendants.

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By order filed October 9, 2014, the Court stayed proceedings on the First through

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Fourth Causes of Action in plaintiff Dedrick Riley’s (“Riley”) complaint, pending the

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conclusion of Riley v. City of Richmond, Case No. 10-02843, a state court action brought

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by Riley against the City of Richmond, one of the two defendants named herein. By order

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filed August 18, 2015, the Court granted defendants’ motion for summary judgment on the

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remaining claim in the instant action, specifically, the Fifth Cause of Action, and,

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additionally, directed the parties to file, no later than November 20, 2015, a Joint Status

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Report apprising the Court as to the status of the above-referenced state court action.

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Before the Court is “Defendants’ Status Report,”1 filed November 20, 2015,2 in which

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defendants advise the Court that, on September 15, 2015, judgment was entered in the

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state court proceeding in favor of the defendant therein, and that plaintiff did not appeal the

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judgment. Defendants also seek leave to file a motion for summary judgment based on the

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doctrine of issue and/or claim preclusion, and, in light of counsel for defendants’ schedule,

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to set a hearing date on said motion in early April 2016. Having read and considered

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defendants’ status report, the Court rules as follows:

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1. As the state court action has concluded, the Court hereby LIFTS the stay of
proceedings on the First through Fourth Causes of Action.
2. Defendants’ request to file a motion for summary judgment based on the doctrine

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of issue and/or claim preclusion is hereby GRANTED, and defendants are DIRECTED to

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file, no later than March 4, 2016, their motion, such motion to be heard on April 8, 2016, at

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9:00 a.m.

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IT IS SO ORDERED.

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Dated: December 2, 2015
MAXINE M. CHESNEY
United States District Judge

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According to defendants, they prepared the instant status report and provided it to
plaintiff for review and revision, and plaintiff did not respond in any manner thereafter.
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Defendants failed to provide the Court with a chambers copy of their Status Report.
For future reference, defendants are reminded that, pursuant to Civil Local Rule 5-1(e)(7)
and the Court’s Standing Orders, parties are required to provide for use in chambers one
paper copy of each document that is filed electronically.
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