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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UNITED STATES DISTRICT COURT
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Northern District of California
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Oakland Division
KAYLE HOWARD,
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For the Northern District of California
UNITED STATES DISTRICT COURT
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No. C 10-05655 LB
Plaintiff,
v.
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MICHAEL DALISAY, et al.,
ORDER RE: STAY OF CASE AND
DENYING WITHOUT PREJUDICE
DEFENDANTS’ MOTION TO
DISMISS
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Defendants.
_____________________________________/
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Pro se plaintiff Kayle Howard sued local police officers and county sheriffs in this lawsuit for
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false imprisonment and false arrest in relation to a state court criminal action, all in violation of 42
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U.S.C. § 1983 and state law. Complaint, ECF No. 1 at 2, ¶¶ 6-7.1 On April 19, 2011, upon
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Defendants’ motion, the court stayed this lawsuit pending the outcome of those criminal charges.
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ECF No. 58.
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Ms. Howard’s criminal trial, has been continued several times, mostly recently to January 23,
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2012. ECF Nos. 60, 61, 65. The parties shall file a joint status update about the status of Howard’s
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pending criminal case no later than February 6, 2012.
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Further, in light of the stay, the court sees fit to deny without prejudice Defendants’ motion to
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dismiss, which has been pending before the court since January 27, 2011. MTD, ECF No. 19. Once
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the court lifts the current stay, Defendants may re-file their motion.
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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
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This disposes of ECF Nos. 19, 65.
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IT IS SO ORDERED.
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Dated: November 21, 2011
_______________________________
LAUREL BEELER
United States Magistrate Judge
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For the Northern District of California
UNITED STATES DISTRICT COURT
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C 10-05655 LB
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