Johnson v. El Cerrito Police Department et al

Filing 40

ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION AND REFERRING CASE TO MAGISTRATE JUDGE FOR MEDIATION, Motions terminated: 39 . Signed by Judge Alsup on 10/17/16. (whalc1, COURT STAFF) (Filed on 10/17/2016)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 MICHAEL C. JOHNSON, 11 For the Northern District of California United States District Court 10 12 13 No. C 15-02207 WHA Plaintiff, v. 14 EL CERRITO POLICE DEPARTMENT, CHI LEE, and MARIO GUZMAN 15 Defendants. / ORDER DENYING MOTION FOR LEAVE TO FILE MOTION FOR RECONSIDERATION AND REFERRING CASE TO MAGISTRATE JUDGE FOR MEDIATION 16 17 An order denied defendants’ motion for summary judgment and stayed the case pending 18 until four weeks from the date an attorney was appointed to represent plaintiff (Dkt. No. 36). 19 Plaintiff was appointed counsel on October 6 (Dkt. No. 37). The case remains stayed, so 20 defendants’ motion for leave to file a motion for reconsideration is DENIED. This is without 21 prejudice to whether such a motion will be entertained once the stay is lifted. 22 Defendants should note, however, that if reconsideration is later granted, the Court 23 would likely give plaintiff, who had been proceeding pro se, the opportunity to file a 24 supplemental opposition with a sworn declaration now that he has counsel. 25 26 27 28 Finally, this matter is hereby REFERRED to a randomly-assigned magistrate judge for mediation. IT IS SO ORDERED. Dated: October 17, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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