Ibarra v. City of Watsonville et al

Filing 35

Order as Modified by the Court Granting 34 Stipulation. This action is hereby stayed until a final decision is entered on the Writ of Administrative Mandamus, Santa Cruz County Superior Court Case No. CISCV 173577 or April 30, 2013 whichever dat e occurs first. Counsel for Defendant City shall notify this Court and Defendant City shall notify the court when a final decision on the Writ has been entered. This stay may be extended on the request of the parties should the circumstances so warra nt. The deadline for Plaintiff to file his amended pleading in this Civil Action is extended to 30 calendar days after the date on which final judgment is entered on the Writ. All current deadlines in this Civil Action are vacated, and the Court will set a new Case Management Schedule when the stay ends. Joint Case Management Statement due by 5/31/2013. Case Management Conference set for 6/7/2013 10:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Signed by Hon. Edward J. Davila on 2/26/2013.(ecg, COURT STAFF) (Filed on 2/28/2013) Modified text on 2/28/2013 (ecg, COURT STAFF).

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Richard C. Bolanos, Bar No. 111343
[e-mail]
Suzanne Solomon, Bar No. 169005
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
!53 Townsend Street, Suite 520
San Francisco, CA 94107
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendants:
CITY OF WATSONVILLE; CARLOS PALACIOS,
MANNY SOLANO, and TERENCE MEDINA

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UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA- SAN JOSE DNISION
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Case No. 5:12-cv-02271-EJD

Plaintiff,

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STIPULATION AND [PROPOSED] ORDER
TO STAY CASE AS MODIFIED BY THE COURT

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v.

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CITY OF WATSONVILLE; CARLOS
PALACIOS, individually and as City
Manager; MANNY SOLANO, individually
and as Asst. Chief and/or Chief of Police;
TERENCE MEDINA, individually and as
former Chief of Police; BELCHER, EHLE,
MEDINA and ASSOCIATES; TWENTY
UNKNOWN CITY AND OTHER
EMPLOYEES,

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FRANCISCO IBARRA,

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Courtroom: 4
Judge:
Hon. Edward J. Davila

Defendants.

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STIPULATION

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In furtherance of judicial economy and to avoid potentially unnecessary expense, the

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undersigned counsel for and on behalf of the parties named below wish to stay all proceedings in

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this action pending a final outcome in Plaintiffs Writ of Administrative Mandamus ("Writ"),

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filed in Santa Cruz County Superior Court, Case No. CISCV 173577.

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Accordingly, Plaintiff FRANCISCO IBARRA ("Plaintiff') and Defendants CITY OF

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WATSONVILLE, CARLOS PALACIOS, MANNY SOLANO, TERENCE MEDINA, and

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BELCHER, EHLE, MEDINA AND ASSOCIATES ("Defendants") by and through their
-I STIPULATION AND [PROPOSED] ORDER TO STAY CASE
5: 12-cv-02271-EJD

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respective counsels (collectively referred to as "the parties") hereby STIPULATE and AGREE as

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follows:
WHEREAS Plaintiff filed a petition in Santa Cruz County Superior Court to obtain a Writ

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of Administrative Mandamus on March 16, 2012;
WHEREAS Plaintiff filed this action ("Civil Action") in United States District Court for

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the Northern District of California on May 4, 2012;
WHEREAS many of the same underlying facts and legal issues are presented in the Writ

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and the Civil Action;

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WHEREAS Defendants filed a Motion to Dismiss the Civil Action on November 13, 2012
and the Court granted Defendants' Motion on February 15,2013, allowing Plaintiff30 days leave

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to amend;

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WHEREAS a hearing on the Writ is set for March 27, 2013;

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WHEREAS the parties acknowledge that the earliest date a decision can become final in

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the Writ is when the sixty day window to appeal any Superior Court decision on the Writ has

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expired, pursuant to Cal. Rules of Ct. 8.1 04;

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WHEREAS the parties wish to stay all proceedings in this matter at the present time,

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including hearings, briefings, appearance, and any other deadlines imposed by law or the Court,

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pending a final decision being entered in the related Writ, which is economically and judicially

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efficient;
WHEREAS the parties further stipulate and agree that the extension requested herein is

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not requested for the purposes of delay and will not result in any prejudice to the parties or to the

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Court;

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IT IS THEREFORE STIPULATED AND AGREED by Plaintiff and Defendants, by

and through their respective counsel, and the Court is respectfully requested to order that:
I. This action is hereby stayed until such a date as a final decision on the Writ is

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entered. Counsel for Defendant City shall notify this Court and all parties in this

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action when a final decision on the Writ has been entered;

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2. The deadline for Plaintiff to file his amended pleading in this Civil Action is
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STIPULATION AND [PROPOSED] ORDER TO STAY CASE
5: 12-cv-02271-EJD

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extended to 60 calendar days after the date on which final judgment is entered on

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the Writ;

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3. All current deadlines in this Civil Action are vacated, and the Court will set a new
Case Management Schedule when the stay ends.

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IT IS SO STIPULATED.

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Dated: February_, 2013

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By:

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Aaron Lodge
Attorney for Plaintiff FRANCISCO IBARRA

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AARON LODGE

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KATE WELLS

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Dated: February 23 , 2013

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By:-----,,--------Kate Wells
Attorney for Plaintiff FRANCISCO IBARRA

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Dated: February_, 2013

LIEBERT CASSIDY WHITMORE

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By:

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Suzanne Solomon
Attorneys for Defendant
CITY OF WATSONVILLE, CARLOS
PALACIOS, MANNY SOLANO, TERRY
MEDINA

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-3STIPULATION AND [PROPOSED] ORDER TO STAY CASE
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Dated: February...<(, 2013

ATCHISON BARISONE CONDOTTI &
KOVACEVICH

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STIPULATION AND [PROPOSED] ORDER TO STAY CASE
5: 12-cv-02271-EJD

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!PROPOSED) ORDER

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Pursuant to the foregoing stipulation, and good cause appearing, I hereby Order that:

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I. This action is hereby stayed until such a date as a final decision is entered on the
Writ of Administrative Mandamus, Santa Cruz County Superior Court Case No.
CISCV 173577.or until April 30, 2013, whichever date this Court andCounsel for
Counsel for Defendant City shall notify occurs first. all parties
Defendant City shall notify the court when a final decision on the Writ has been entered. This
in this action when a final decision on the Writ has been entered;
stay may be extended on the request of the parties should the circumstances so warrant;
2. The deadline for Plaintiff to file his amended pleading in this Civil Action is
extended to 30 calendar days after the date on which final judgment is entered on
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the Writ;
3. All current deadlines in this Civil Action are vacated, and the Court will set a new
Case Management Schedule when the stay ends.
The court schedules this case for a Case Management Conference on June 7, 2013, at
10:00 a.m. The parties shall file a Joint Case Management Statement on or before May 31,
IT IS
2013. SO ORDERED.
Dated: February 26, 2013
Hon. Edward J. Davila
United States District Judge

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- 5STIPULATION AND [PROPOSED] ORDER TO STAY CASE
5: 12-cv-02271-EJD