Mabutas v. Colley et al

Filing 29

STIPULATION AND ORDER To Lift Stay of Proceedings and Set CMC. Case Management Conference set for 4/28/2015 at 01:30 PM. Case Management Statement due by 4/21/2015. Signed by Judge Kandis A. Westmore on 04/06/2015. (kawlc2S, COURT STAFF) (Filed on 4/6/2015)

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1 2 3 4 5 6 7 JAMES V. FITZGERALD, III (State Bar No. 55632) NOAH G. BLECHMAN (State BarNo. 197167) LAURA A. COX (State Bar No. 296147) MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 1211 Newell Avenue Walnut Creek, CA 94596 Telephone: (925) 939-5330 Facsimile: (925) 939-0203 Attorneys for Defendants OFFICER JAMES COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH 8 UNITED STATES DISTRICT COURT 9 """ NORTHERN DISTRICT OF CALIFORNIA ....l ....l ~ r.J..l ::c: u <t: 10 'Ci C:Q .,., "' ..,. "' < ~ <t: o<J 11 Cl:l ~0 r.J..l ~M 0 12 Plaintiff, ~M ~ O::S:~";' C:O-<u"' 0 ANTHONY MICHAEL MABUTAS, JR., Case No. C14-3796 KA W u ,...lf-"' ;:l"' vs. 13 STIPULATION AND [PROPOSED] ORDER TO LIFT STAY OF PROCEEDINGS AND SET CMC >-r-z~ ~-<....l~ r.J..lCil<t:<>E->-~~ E-w <t: 14 . z -~ ....l<>::~Z Cl:lQ~O <- ~ :r: >-<->0.. E-<..:~ E..< <t: ....<~ r.J..l ....<<- 15 0 C:Q ~ >- z r.J..l z -=t:" ~ <t: ~ z Judge: Hon. Kandis A. Westmore 16 Defendants. 17 ~ - 18 Plaintiff ANTHONY MICHAEL MABUT AS, JR., and Defendants OFFICER JAMES 19 COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH, by and through 20 their respective attorneys of record, hereby stipulate to the following: N ~ <t: OFFICER JAMES COLLEY, in his official and individual capacities, ANTIOCH POLICE DEPARTMENT, and CITY OF ANTIOCH, CALIFORNIA, (.) ~ 1. 21 WHEREAS Plaintiff filed a civil rights complaint in the United Stated District 22 Court in the Northern District of California on August 21, 2014, arising out of an incident 23 relating to the arrest of Plaintiff by officers of the Antioch Police Department on June 9, 2014; 2. 24 WHEREAS this case was stayed per Stipulation and Order (ECF Doc. 27) in 25 November of 2014, pending the criminal charges against Plaintiff arising out of this June 9th 26 arrest. 27 28 3. WHEREAS the criminal case against Plaintiff, arising out of this June 9th arrest was resolved in the Superior Court of Contra Costa County, Case No. 4-181216-3 (Pittsburg) STIPULATION AND ORDER TO LIFT STAY OF PROCEEDINGS AND SET CMC- C14-3796 KAW 1 on March 4, 2015, via a plea of Plaintiff and Plaintiff has been now been sentenced. As such, 2 the criminal case that led to the stay of this civil action has now resolved. 3 4 4. WHEREFORE, the parties, by and through their respective counsel, respectfully seek an Order of the Court to: 5 a. Lift the stay of this civil rights case; 6 b. Schedule a Case Management Conference at the Court's convenience. 7 8 ""' -l -l IT IS SO STIPULATED. Dated: April_2_, 2015 9 0::: r..q ::r: u <: ctl <: a- ~ IZl r..q c:J 0::: a- .,. "' 11 < u ~0 ~...., 12 Dated: April_2_, 2015 ~...., o~P:v; ctl<Ua~,_...., " By: 10 '0 :::; LAW OFFICE OF MARK W. KELSEY MCNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP 13 ::J a- >-<-z~ 0:::<~~ r..qt/l<!;"' 14 <:\i "~ -lP:~Z IZlQ~O 15 >-<<->!>. 16 ~>-~~ By: "f-< ~ ~ E-<..:~ E- <: r..q ctl >-< r..q z <: 0::: <: ~ ~~ ~f-< ~ ~ 17 z u :::; /s/ Blechman Noah James V. Fitzgerald, III I Noah G. Blechman Laura A. Cox Attorneys for Defendants OFFICER JAMES COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH ORDER ~ z - 18 PURSUANT TO STIPULATION, IT IS ORDERED AS FOLLOWS: ~ 19 The current stay of this case is lifted. :::; <: /s/ Kelsey, Mark Mark W. Kelsey, Attorney for Plaintiff ANTHONY MICHAEL MABUT AS, JR. 20 1:30 April 28 A Case Management Conference is set for _ _ _ _ _ , 2015 at ___ am/pm. Judge 21 Westmore's department in Oakland. The parties are ordered to file a joint Case Management 22 Conference Statement within one week of the Case Management Conference. Discovery is 23 stayed pending the Case Management Conference. 24 IT IS SO ORDERED 25 26 April 6 Dated: _ _ _ _ _ , 2015 27 By: _____________________ Hon. Kandis A. Westmore United States Magistrate Judge 28 STIPULATION AND ORDER TO LIFT STAY OF PROCEEDINGS AND SET CMC- Cl4-3796 KAW 2

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