Mabutas v. Colley et al

Filing 50

STIPULATION AND ORDER CONTINUING CMC re 49 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 9/12/2017. Further Case Management Conference set for 9/19/2017 01:30 AM in Courtroom 4, 3rd Floor, Oakland. Signed by Magistrate Judge Kandis A. Westmore on 1/30/17. (sisS, COURT STAFF) (Filed on 1/30/2017)

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NOAH G. BLECHMAN (State Bar No. 197167)
[e-mail]
AMY S. ROTHMAN (State Bar No. 308133)
[e-mail]
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
1211 Newell Avenue
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]

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

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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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY MICHAEL MABUTAS, JR.,

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Plaintiff,
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: Hon. 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 their

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respective attorneys of record, hereby stipulate to the following:

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1.

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

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Court in the Northern District of California on August 21, 2014, arising out of Plaintiff’s arrest by

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an officer of the Antioch Police Department on June 9, 2014;

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2.

WHEREAS Plaintiff has a pending criminal case against him arising out of an

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April 14, 2015, arrest with charges for, among other things, violating Penal Code section 187(a)

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pending against him in the Superior Court of Contra Costa County.
STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE., C14-3796 KAW

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3.

WHEREAS Counsel for Plaintiff is informed that Plaintiff’s trial date for the

pending criminal action is scheduled for July, 2017.
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WHEREAS it has been previously agreed that the outcome of the Plaintiff’s

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pending criminal trial may directly or indirectly bear on the issues in this Fourth Amendment civil

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rights case.

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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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5.

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

stayed until the resolution of Plaintiff’s criminal action.
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WHEREAS this matter is currently set for a further Case Management Conference

on March 7, 2017.
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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 sometime

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in August or September of 2017.

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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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Dated: January 24, 2017

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 24, 2017

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

By:

/s/ Noah G. Blechman
Noah G. Blechman
Amy S. Rothman
Attorneys for Defendants
OFFICER JAMES COLLEY; ANTIOCH POLICE
DEPARTMENT; and CITY OF ANTIOCH

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE, C14-3796 KAW

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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

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the further Case Management Conference currently set for March 7, 2017, is hereby rescheduled

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September 19
to _________________________, 2017, at 1:30 p.m. in the undersigned’s Department. The

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(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.

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IT IS SO ORDERED.
ATTORNEYS AT LAW
1211 NEWELL AVENUE, WALNUT CREEK, CA 94596
TELEPHONE: [phone]

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

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parties shall file an Updated Joint Case Management Conference Statement no later than seven

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1/30
Dated: _____________, 2017

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

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STIPULATION AND [PROPOSED] ORDER TO
CONTINUE CASE MANAGEMENT
CONFERENCE, C14-3796 KAW

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