Howard v. Dalisay et al

Filing 66

ORDER re: stay of case and DENYING WITHOUT PREJUDICE 19 Defendants' motion to dismiss. The parties shall file a joint status update no later than 2/6/2012. Defendants may re-file their motion to dismiss after the court lifts the stay. Signed by Judge Laurel Beeler on 11/21/2011. (lblc2, COURT STAFF) (Filed on 11/21/2011)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 Northern District of California 10 Oakland Division KAYLE HOWARD, 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 No. C 10-05655 LB Plaintiff, v. 13 MICHAEL DALISAY, et al., ORDER RE: STAY OF CASE AND DENYING WITHOUT PREJUDICE DEFENDANTS’ MOTION TO DISMISS 14 15 Defendants. _____________________________________/ 16 Pro se plaintiff Kayle Howard sued local police officers and county sheriffs in this lawsuit for 17 false imprisonment and false arrest in relation to a state court criminal action, all in violation of 42 18 U.S.C. § 1983 and state law. Complaint, ECF No. 1 at 2, ¶¶ 6-7.1 On April 19, 2011, upon 19 Defendants’ motion, the court stayed this lawsuit pending the outcome of those criminal charges. 20 ECF No. 58. 21 Ms. Howard’s criminal trial, has been continued several times, mostly recently to January 23, 22 2012. ECF Nos. 60, 61, 65. The parties shall file a joint status update about the status of Howard’s 23 pending criminal case no later than February 6, 2012. 24 Further, in light of the stay, the court sees fit to deny without prejudice Defendants’ motion to 25 dismiss, which has been pending before the court since January 27, 2011. MTD, ECF No. 19. Once 26 the court lifts the current stay, Defendants may re-file their motion. 27 28 1 Citations are to the Electronic Case File (“ECF”) with pin cites to the electronic page number at the top of the document, not the pages at the bottom. C 10-05655 LB 1 This disposes of ECF Nos. 19, 65. 2 IT IS SO ORDERED. 3 Dated: November 21, 2011 _______________________________ LAUREL BEELER United States Magistrate Judge 4 5 6 7 8 9 10 12 For the Northern District of California UNITED STATES DISTRICT COURT 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C 10-05655 LB 2

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