Guerrero v. California Department of Corrections & Rehabilitation et al

Filing 347

ORDER DENYING MOTION TO SHORTEN TIME; VACATING HEARING ON MOTION FOR CONTEMPT 342 .(whalc2, COURT STAFF) (Filed on 3/30/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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VICTOR GUERRERO,

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Plaintiff,

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For the Northern District of California

United States District Court

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v.

ORDER DENYING MOTION
TO SHORTEN TIME;
VACATING HEARING ON
MOTION FOR CONTEMPT

CALIFORNIA DEPARTMENT OF
CORRECTIONS AND REHABILITATION;
STATE PERSONNEL BOARD,

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Defendants.
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No. C 13-05671 WHA

Defendant CDCR has filed a motion with our court of appeals to stay the judgment of

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this Court pending appeal. In that motion, CDCR stated: “CDCR intends to place Appellee on

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unpaid-leave status if he successfully completes the CDCR training academy, and defer

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swearing him in as a peace officer, unless this Court orders otherwise” (Plaintiff Exh. A at 8).

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In response, plaintiff Victor Guerrero filed a motion in the district court for contempt. Our

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court of appeals has expedited the briefing schedule on CDCR’s stay motion such that all briefs

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will be in by the end of this week (well before plaintiff is set to graduate the training academy

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on April 8).

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At least for the moment, the issue of CDCR complying with this Court’s judgment is

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actively under consideration by our court of appeals. Out of respect for that process, plaintiff’s

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contempt motion shall be HELD IN ABEYANCE until our court of appeals has ruled. Plaintiff’s

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motion to shorten time is DENIED. The hearing set for April 28 is VACATED.

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IT IS SO ORDERED.
Dated: March 30, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE