Schock vs City of Lafayette

Filing 30

ORDER VACATING HEARING AND REQUESTING ADDITIONAL INFORMATION. Signed by Judge Richard Seeborg on 8/27/14. (cl, COURT STAFF) (Filed on 8/27/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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For the Northern District of California

United States District Court

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MICHAEL SCHOCK,
Plaintiff,
v.

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CITY OF LAFAYETTE, et al.,

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Case No. C 14-1902 RS
ORDER VACATING HEARING AND
REQUESTING ADDITIONAL
INFORMATION

Defendants.
____________________________________/

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Defendants move to dismiss the complaint in part, and also seek to stay this action pending

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disposition of criminal proceedings against plaintiff arising from the incident that forms the basis of

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his claims herein. Defendants invoke both Younger v. Harris, 401 U.S. 37 (1971) and Heck v.

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Humphrey, 512 U.S. 477 (1994) in arguing a stay is warranted. To permit fully-informed

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consideration of the request for a stay, the motion hearing set for September 4, 2014 is hereby

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vacated. Within 15 days of the date of this order, the parties shall submit a joint statement setting

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out the current status of the criminal proceedings and their best estimate as to when those

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proceedings will be concluded. The pending motion will then be reset for hearing, or submitted

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without oral argument pursuant to Civil Local Rule 7-1(b), in the Court’s discretion.

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IT IS SO ORDERED.

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Dated: 8/27/14

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RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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