Mabutas v. Colley et al

Filing 46

STIPULATION AND ORDER re 45 STIPULATION WITH PROPOSED ORDER To Continue Case Management Conference filed by Anthony Michael Mabutas, Jr., James Colley, Antioch Police Dept, City of Antioch Case Management Statement due by 9/27/2016. Case Management Conference set for 10/4/2016 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 2/3/16. (sis, COURT STAFF) (Filed on 2/4/2016)

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Attorneys for Defendants
OFFICER JAMES COLLEY; ANTIOCH POLICE
DEPARTMENT; and CITY OF ANTIOCH

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UNITED STATES DISTRICT COURT

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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JAMES V. FITZGERALD, III (State Bar No. 55632)
NOAH G. BLECHMAN (State Bar No. 197167)
ELIZABETH M. DOOLEY (State Bar No. 289510)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY MICHAEL MABUTAS, JR.,

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Plaintiff,

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vs.
OFFICER JAMES COLLEY, in his official
and individual capacities, ANTIOCH
POLICE DEPARTMENT, and CITY OF
ANTIOCH, CALIFORNIA,

Case No. C14-3796 KAW
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE CASE
MANAGEMENT CONFERENCE
Judge: Kandis A. Westmore

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Defendants.
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Plaintiff ANTHONY MICHAEL MABUTAS, JR., and Defendants OFFICER JAMES

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COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH, by and through

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their respective attorneys of record, hereby stipulate to the following:
1.

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

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Court in the Northern District of California on August 21, 2014, arising out of an incident

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relating to the arrest of Plaintiff by an officer of the Antioch Police Department on June 9,

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2014;
2.

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WHEREAS Plaintiff has a new and pending criminal case against him arising

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out of an April 14, 2015, incident pending in the Superior Court of Contra Costa County.

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Plaintiff is being charged with the following crimes arising out of that arrest:

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STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW

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a. Count 1: Violation of Penal Code § 187 (a) (murder)

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i. with the enhancement of Criminal Street Gang under Penal Code §
186.22(b)(1)

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ii. with the enhancement of Intentionally Discharging Firearm in
Designated Offense Penal Code § 12022.53 (b) (c) and (d)

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iii. with special allegation Murder Committed for Criminal Street Gang
Purposes Penal Code § 190.2(a) (22)

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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3.

criminal case against Plaintiff may have a direct and/or indirect bearing on the issues in this
Fourth Amendment civil rights case.

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WHEREAS it has previously been agreed that the outcome of the new pending

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WHEREAS with the exception of third party discovery, this matter is currently

stayed until the underlying criminal case against Plaintiff is fully resolved.

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5.

WHEREAS this matter is currently set for a further Case Management

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Conference on April 5, 2016. However, the parties are informed that Plaintiff’s trial date for

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the new pending criminal case is in August of 2016.

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

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seek an Order from the Court to continue the further Case Management Conference to

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September or October of 2016.

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IT IS SO STIPULATED

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The parties attest that concurrence in the filing of these documents has been obtained from

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each of the other Signatories, which shall serve in lieu of their signatures on the document.

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STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW

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Dated: January 26, 2016

Law Office of Mark W. Kelsey

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By:
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/s/ Mark W. Kelsey
Mark W. Kelsey
Attorney for Plaintiff
ANTHONY MICHAEL MABUTAS, JR.

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Dated: January 26, 2016

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

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By:

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ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP

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/s/ Elizabeth M. Dooley
James V. Fitzgerald, III
Noah G. Blechman
Elizabeth M. Dooley
Attorneys for Defendants
OFFICER JAMES COLLEY; ANTIOCH POLICE
DEPARTMENT; and CITY OF ANTIOCH

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ORDER

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Pursuant to the parties’ stipulation and on a showing of good cause, the Court orders that
the further Case Management Conference currently set for April 5, 2016, is hereby rescheduled to
October 4
_________________________, 2016, at 1:30 p.m. in the undersigned’s Department. The parties
shall file an Updated Joint Case Management Conference Statement no later than seven (7) days
prior to the new Case Management Conference date. Should the new pending criminal case of
Plaintiff be finally resolved before that time frame, the parties shall jointly provide notice to the
Court as soon as feasible.

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IT IS SO ORDERED.

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2/3
Dated: _____________, 2016

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By: ________________________________________
HONORABLE KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW

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