Mabutas v. Colley et al
Filing
48
STIPULATION AND ORDER re 47 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 2/28/2017. Further Case Management Conference set for 3/7/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 8/1/16. (sisS, COURT STAFF) (Filed on 8/1/2016)
1
2
3
4
5
6
Attorneys for Defendants
OFFICER JAMES COLLEY; ANTIOCH POLICE
DEPARTMENT; and CITY OF ANTIOCH
8
UNITED STATES DISTRICT COURT
9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: (925) 939-5330
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
7
JAMES V. FITZGERALD, III (State Bar No. 55632)
NOAH G. BLECHMAN (State Bar No. 197167)
AMY S. ROTHMAN (State Bar No. 308133)
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: (925) 939-5330
Facsimile: (925) 939-0203
NORTHERN DISTRICT OF CALIFORNIA
10
11
ANTHONY MICHAEL MABUTAS, JR.,
12
Plaintiff,
13
14
15
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
16
Defendants.
17
18
Plaintiff ANTHONY MICHAEL MABUTAS, 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:
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 an officer of the Antioch Police Department on June 9,
24
2014;
2.
25
WHEREAS Plaintiff has a pending criminal case against him arising out of an
26
April 14, 2015, incident pending in the Superior Court of Contra Costa County. Counsel for
27
Plaintiff is informed that Plaintiff’s trial date for the pending criminal case is in late January of
28
2017.
STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW
1
3.
2
a. Count 1: Violation of Penal Code § 187 (a) (murder)
3
i. with the enhancement of Criminal Street Gang under Penal Code §
186.22(b)(1)
4
5
ii. with the enhancement of Intentionally Discharging Firearm in
Designated Offense Penal Code § 12022.53 (b) (c) and (d)
6
iii. with special allegation Murder Committed for Criminal Street Gang
Purposes Penal Code § 190.2(a) (22)
8
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: (925) 939-5330
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
7
9
10
4.
Fourth Amendment civil rights case.
5.
6.
17
7.
sometime in February or March of 2017.
IT IS SO STIPULATED
19
21
WHEREFORE, the parties, by and through their respective counsel, respectfully
seek an Order from the Court to continue the further Case Management Conference to
18
20
WHEREAS this matter is currently set for a further Case Management
Conference on October 4, 2016.
15
16
WHEREAS with the exception of third party discovery, this matter is currently
stayed until the underlying criminal case against Plaintiff is fully resolved.
13
14
WHEREAS it has previously been agreed that the outcome of the new pending
criminal case against Plaintiff may have a direct and/or indirect bearing on the issues in this
11
12
Plaintiff is being charged with the following crimes arising out of that arrest:
The parties attest that concurrence in the filing of these documents has been obtained from
each of the other Signatories, which shall serve in lieu of their signatures on the document.
///
22
23
24
25
26
27
28
STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW
2
1
Dated: July 29, 2016
Law Office of Mark W. Kelsey
2
By:
3
4
/s/ Mark W. Kelsey
Mark W. Kelsey
Attorney for Plaintiff
ANTHONY MICHAEL MABUTAS, JR.
5
6
Dated: July 29, 2016
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
8
By:
9
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: (925) 939-5330
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
7
10
11
/s/ Noah G. Blechman
James V. Fitzgerald, III
Noah G. Blechman
Amy S. Rothman
Attorneys for Defendants
OFFICER JAMES COLLEY; ANTIOCH POLICE
DEPARTMENT; and CITY OF ANTIOCH
12
ORDER
13
14
15
16
17
18
19
Pursuant to the parties’ stipulation and on a showing of good cause, the Court orders that
the further Case Management Conference currently set for October 4, 2016, is hereby rescheduled
3/7/17
to _________________________, 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 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.
20
21
IT IS SO ORDERED.
22
23
8/1
Dated: _____________, 2016
24
By: ________________________________________
HON. KANDIS A. WESTMORE
UNITED STATES MAGISTRATE JUDGE
25
26
27
28
STIPULATION AND ORDER TO CONTINUE CMC – C143796 KAW
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?