Mabutas v. Colley et al
Filing
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STIPULATION AND ORDER TO CONTINUE re 54 . 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 7/3/2018. Further Case Management Conference set for 7/10/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 2/13/18. (sisS, COURT STAFF) (Filed on 2/13/2018)
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NOAH G. BLECHMAN (State Bar No. 197167)
noah.blechman@mcnamaralaw.com
AMY S. ROTHMAN (State Bar No. 308133)
amy.rothman@mcnamaralaw.com
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
3480 Buskirk Ave., Suite 250
Pleasant Hill, CA 94523
Telephone: (925) 939-5330
Facsimile: (925) 939-0203
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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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NORTHERN DISTRICT OF CALIFORNIA
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TELEPHONE: (925) 939-5330
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
McNAMARA, NEY, BEATTY, SLATTERY, BORGES & AMBACHER LLP
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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
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pending criminal action that was scheduled for January 23, 2018, has been continued to June 4,
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2018.
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4.
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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TELEPHONE: (925) 939-5330
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
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 6, 2018.
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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 late June or early July of 2018.
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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: February 9, 2018
Law Office of Mark W. Kelsey
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By:
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/s/ Kelsey, Mark
Mark W. Kelsey
Attorney for Plaintiff
ANTHONY MICHAEL MABUTAS, JR.
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Dated: February 9, 2018
MCNAMARA, NEY, BEATTY, SLATTERY,
BORGES & AMBACHER LLP
By:
/s/ Blechman, Noah
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 6, 2018, is hereby rescheduled
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July 10
to _________________________, 2018, 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.
IT IS SO ORDERED.
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2/13
Dated: _____________, 2018
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TELEPHONE: (925) 939-5330
ATTORNEYS AT LAW
3480 BUSKIRK AVENUE, SUITE 250, PLEASANT HILL, CA 94523
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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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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