Schock vs City of Lafayette

Filing 33

ORDER STAYING ACTION. Signed by Judge Richard Seeborg on 9/25/14. (cl, COURT STAFF) (Filed on 9/26/2014)

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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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ORDER STAYING ACTION

CITY OF LAFAYETTE, et al.,

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Case No. C 14-1902 RS

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. Pursuant to Civil Local Rule 7-1(b),

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the matter is suitable for disposition without oral argument.

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By prior order, the parties were requested to submit a joint statement regarding the status of

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the criminal proceedings, which they have done. In light of what appears to be substantial

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uncertainty as to when those proceedings will be concluded, it would be inappropriate to impose an

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open-ended stay of this action pending any such conclusion. Nevertheless, particularly given the

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potential impact of the criminal proceedings under Heck (regardless of whether Younger abstention

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might also be warranted), the circumstances warrant a stay of limited duration. Accordingly, this

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action is hereby stayed until April 1, 2015 or until conclusion of the criminal proceeding, whichever

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shall first occur. The parties shall notify the Court immediately upon any conclusion of the criminal

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proceeding, or shall file a further joint status report on Apri1 1, 2015.

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IT IS SO ORDERED.

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Dated: 9/25/14

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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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