Ortega v. Rodenspiel et al

Filing 103

ORDER STAYING CASE PENDING RESOLUTION OF CRIMINAL APPEAL. All trial and pretrial dates are vacated. Signed by Judge Yvonne Gonzalez Rogers on 8/3/12. (fs, COURT STAFF) (Filed on 8/3/2012)

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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 6 JOSEPH ALEJANDRO ORTEGA, 7 Plaintiff, 8 9 10 Case No.: 10-CV-03239 YGR ORDER STAYING CASE PENDING RESOLUTION OF CRIMINAL APPEAL vs. KURT RODENSPIEL et al., Defendants. 11 Northern District of California United States District Court 12 The Court finds that arguments raised in Defendants’ motion for summary judgment rely upon 13 the finality of Plaintiff’s conviction for assault with a deadly weapon. See Heck v. Humphrey, 512 14 U.S. 477 (1994). 15 16 Accordingly, this action is STAYED pending resolution of the state appellate review of Plaintiff’s conviction. 17 All trial and pretrial dates are VACATED. 18 Within thirty days of the completion of state appellate review, the parties shall file a joint 19 20 21 22 23 24 25 26 27 28 status report and request the case be scheduled for a case management conference. IT IS SO ORDERED. Dated:August 3, 2012 __________________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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