White et al v. City of Antioch et al

Filing 16

STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING RESOLUTION OF CRIMINAL PROSECUTIONS re 14 STIPULATION WITH PROPOSED ORDER to stay proceedings filed by Demitrius Anderson, Mike Hulsey, Kelly Ouimet, Mike Mellone, Allan Cantando, James Hyde, Leonard Orman, Barry White, Jr., Nicholas Cuevas, Chris Walters, City of Antioch.This case shall remain stayed in all respects until further Order of the Court. Defendants shall file a responsive pleading no later than 20 days after the filin g of an Order lifting the stay in this matter. Case Management Conference set for 11/19/2012 02:00 PM before Judge Yvonne Gonzalez Rogers in a designated courtroom in the Oakland Courthouse. Signed by Judge Yvonne Gonzalez Rogers on 2/1/2012. (fs, COURT STAFF) (Filed on 2/1/2012)

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JIVAKA CANDAPPA, (SBN 225919)
180 Grand Avenue, Suite 700
Oakland, CA 94612
Telephone: [phone]
Facsimile: [phone]
Attorney for Plaintiffs BARRY WHITE, JR.,
and DEMITRIUS ANDERSON

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UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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)
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Plaintiffs,
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vs.
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CITY OF ANTIOCH, JAMES HYDE, Chief )
of Police, Antioch Police Department, in his )
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official and individual capacities; ALLAN
CANTANDO, Chief of Police, Antioch Police )
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Department, in his official and individual
capacities; OFFICER NICHOLAS CUEVAS )
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(#3920), OFFICER CHRIS WALTERS
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(#3489), CORPORAL MIKE HULSEY
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(#2356), CORPORAL KELLY OUIMET
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(#2031), LIEUTENANT LEONARD
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ORMAN (#1878), OFFICER MIKE
MELLONE (#4323), DOES 1 through 25, in )
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their official and individual capacities,
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Defendants.
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BARRY WHITE, JR. and DEMITRIUS
ANDERSON,

Case No.: C 11-04221 YGR
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
PENDING RESOLUTION OF CRIMINAL
PROSECUTIONS
Judge: Hon. Yvonne Gonzalez Rogers

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Stipulation and Order to Stay Action

White et al. vs. City of Antioch et al.
Case No.: C 11-04221 YGR
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Plaintiffs Barry White, Jr. and Demitrius Anderson, and Defendants City of Antioch,

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James Hyde, Allan Cantando, Nicholas Cuevas, Chris Walters, Mike Hulsey, Kelly Ouimet,

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Leonard Orman, and Mike Mellone, by and through their respective attorneys of record,

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hereby stipulate to the following:
1.

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WHEREAS Plaintiffs filed a civil rights complaint in the United Stated District

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Court in the Northern District of California on August 26, 2011, arising out of an incident

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relating to the arrests of Plaintiffs by officers of the Antioch Police Department on August 29,

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2009;

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2.

WHEREAS the Contra Costa County District Attorney’s Office initiated

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criminal proceedings against both Plaintiffs on or about May 24, 2010, in connection with the

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incident relating to the arrests of Plaintiffs on August 29, 2009;

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3.

WHEREAS Plaintiff Barry White, Jr. is charged with the following felonies

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related to that arrest: Penal Code § 245(c), assault with a deadly weapon, and Penal Code §

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69, resisting an executive officer;

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4.

WHEREAS Plaintiff Barry White’s preliminary hearing concluded in

December of 2011;
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WHEREAS Plaintiff Barry White’s defense relating to the criminal charges

alleged against him will not be ready for trial for at least another nine (9) months;
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WHEREAS Plaintiff Demitrius Anderson is charged with the following

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misdemeanor related to that arrest: Penal Code § 148(a)(1), delaying, obstructing or resisting

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a peace officer;

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7.

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WHEREAS Plaintiff Demitrius Anderson’s defense relating to the criminal

charge alleged against him will not be ready for trial for at least another nine (9) months;
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WHEREAS Plaintiffs intend to invoke their rights pursuant to the Fifth

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Amendment of the United States Constitution in this civil action until the termination of the

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criminal prosecutions against them;

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9.

WHEREAS the success of some or all of the claims brought against the

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Stipulation and Order to Stay Action

White et al. vs. City of Antioch et al.
Case No.: C 11-04221 YGR
-2-

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Defendants in this civil case may turn on the outcome of the criminal prosecutions against

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Plaintiffs;

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10.

WHEREAS Plaintiffs’ claims against Defendants in this civil matter may be

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limited and/or barred should either of the Plaintiffs suffer convictions in relation to these

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pending criminal proceedings;

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11.

WHEREAS there are many overlapping and intertwined issues between the

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criminal and civil cases involving the Plaintiffs and going forward on the civil case while the

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criminal cases are still pending could lead to inconsistent rulings and/or verdicts.

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12.

WHEREAS on November 18, 2011, per Stipulation and Order, the previously

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assigned Judge, Hon. William Alsup, ordered this matter stayed in all respects due to the

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pending criminal proceedings involving Plaintiffs. (See Document 12, e-filed 11/18/11).

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WHEREFORE, the parties, by and through their respective counsel,

respectfully seek a further Order of the Court to:

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a.

continue to stay this case until further Order of the Court,

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b. grant Defendants an extension of time to file a responsive pleading, such

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pleading to be filed no later than 20 days after the filing of an order lifting

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the stay in this action, and

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c. set this matter for a case management conference during the week of

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November 19, 2012, per the availability of the Court, with a deadline for

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the parties to file a joint case management conference prior to that date.

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IT IS SO STIPULATED
DATED: January 26, 2012

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LAW OFFICE OF JIVAKA CANDAPPA
By: /s/ Jivaka Candappa
_________________________________________
Jivaka Candappa, Attorney for Plaintiffs,
BARRY WHITE, JR. and DEMITRIUS ANDERSON

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Stipulation and Order to Stay Action

White et al. vs. City of Antioch et al.
Case No.: C 11-04221 YGR
-3-

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DATED: January 26, 2012

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MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
By:

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/s/ Noah Blechman
____________________________________________
James V. Fitzgerald, III / Noah G. Blechman
Attorneys for Defendants,
THE CITY OF ANTIOCH, et al.

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ORDER

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Pursuant to the parties’ stipulation and on a showing of good cause, this case shall

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remain stayed in all respects until further Order of the Court. Defendants shall file a responsive

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pleading no later than 20 days after the filing of an Order lifting the stay in this matter. This
at 2:00pm on November 19
matter is set for a Case Management Conference on ____________________, 2012. The

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parties shall file a Joint Case Management Conference Statement no later than two weeks prior

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to the hearing.

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IT IS SO ORDERED.

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February 1
Dated: _____________, 2012

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By: ___________________________________
HONORABLE YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE

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Stipulation and Order to Stay Action

White et al. vs. City of Antioch et al.
Case No.: C 11-04221 YGR
-4-