Cuevas v. City of Campbell et al

Filing 33

Order Granting 32 Stipulation to Stay. 1. This action is hereby stayed until such a date as a final decision is entered on the Writ of Administrative Mandamus, Santa Clara County Superior Court Case No. 1-12-CV -220122 save for the filing of the statement ordered herein; 2. Defendants' Motion to Stay (Docket Item No. 27) is TERMINATED AS MOOT. Defendants' Motion to Dismiss (Docket Item No. 29) is TERMINATED WITHOUT PREJUDICE to being re-noticed and re-filed if necessary upon expira tion of the stay. 3. On or before January 11, 2013, the parties shall file a Joint Status Statement which provides, inter alia, an update as to the status of the state court proceeding and addresses the continuing need for a stay of this action. Signed by Hon. Edward J. Davila on November 27, 2012.(ecg, COURT STAFF) (Filed on 11/27/2012) Modified text on 11/27/2012 (ecg, COURT STAFF).

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William R. Seligmann SBN 108129
bill@southbaylaw .com
Law Offices of William R. Seligmann
Atchison, Barisone, Condotti & Kovacevich, Of Counsel
Mailing Address:
PO Box 481
Santa Cruz, California 95061
Physical Address:
333 Church Street, Suite A
Santa Cruz, California 95060
[phone]
Fax [phone]
Richard C. Bolanos, Bar No. 111343
[e-mail]
Gurinder S. Grewal, Bar No. 277975
[e-mail]
LIEBERT CASSIDY WHITMORE
A Professional Law Corporation
153 Townsend Street, Suite 520
San Francisco, CA 94107
Telephone:
Facsimile: ·

[phone]
(4 i 5) 856-0306

Attorneys for Defendants
CITY OF CAMPBELL, DANIEL RICH,
-GREG FINCH, DAN LIVINGSTON, and
RICHARD SHIPMAN

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UNITED STATES DISTRICT COURT, NORTHERN DISTRICT

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SAN JOSE DIVISION

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SAMMY CUEVAS,
Plaintiff,

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'v.

Case No. CV12-03087 EJD

STIPULATION
AND
ORDER TO STAY CASE

[PROPOSED]

[Civil L.R. 6-2, 7-1(a)(5), 7-12]

CITY OF CAMPBELL; DANIEL RICH in
his official capacity as City Manager;
GREG FINCH in his official capacity as
Chief of Police; DAN LIVINGSTON
individually and in his official capacity as a
Sergeant of Campbell Police; RICHARD
SHIPMAN individually and in his official
capacity as a Sergeant of Campbell Police;
and DOES 1-25, inclusive,

Courtroom:
Judge:

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Hon. Edward J. Davila

Defendants.

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STIPULATION AND [PROPOSED] ORDER TO STAY CASE

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

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Mandamus ("Writ"), filed in Santa Clara County Superior Court, Case No. 1-12-CV-220122.

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Accordingly, Plaintiff SA.MMY CUEVAS ("Plaintiff') and Defendants CITY OF CAMPBELL,

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DANIEL

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("Defendants") by and through their respective counsels (collectively referred to as "the parties")

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hereby STIPULATE and AGREE as follows:

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RICH,

GREG

FINCH,

DAN

LIVINGSTON,

and

RICHARD

SHIPMAN

WHEREAS Plaintiff filed a petition in Santa Clara County Superior Court to obtain a

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("Civil Action") pending a final outcome in Plaintiffs Writ of Administrative

Writ of Administrative Mandamus on March 6, 2012;

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WHEREAS on May 9, 2012 Plaintiff filed this separate Civil Action in Santa Clara

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County Superior Court alleging 42 U.S.C. Section 1983 violations and Breach of Contract;

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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 removed the Civil Action to this Court under federal question

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jurisdiction;
WHEREAS Plaintiff filed a first amended complaint in the Civil Action on October 30,

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2012;
WHEREAS Defendants filed a Motion to Stay or in the alternative Motion to Dismiss the
Civil Action on November 13, 2012;
WHEREAS any Opposition by Plaintiff to the Motion to Stay and Motion to Dismiss are
due on or about November 27, 2012;
WHEREAS any Reply by Defendants to any Opposition by Plaintiff to the Motion to Stay
and Motion to Dismiss would be due on or about December 4, 2012;
WHEREAS the hearing on the Motion to Stay and Motion to Dismiss is set for February
15, 2013;
WHEREAS the parties acknowledge that the earliest date a decision can become final in
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[PROPOSED] ORDER TO STAY CASE

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

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expired, on or about January 6, 2013 pursuant to Cal. Rules of Ct. 8.104;

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WHEREAS the parties also acknowledge that a final decision can come much later than

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January 6, 2013 should Plaintiff appeal the Superior Court decision on the Writ to the California·

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Court of Appeal and on to the California Supreme Court;

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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;

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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:

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1. This action is hereby stayed until such a date as a final decision on the Writ is

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entered;

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2. The deadline for Plaintiff to file his Opposition to the Motion to Dismiss is

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extended to two (2) calendar weeks after the date on which a final decision is

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entered on the Writ and pursuant to Local Rule 7-3(a);

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3. The deadline for Defendants to file their Reply to Plaintiff's Opposition shall be
pursuant to Local Rule 7-3(c);
4. The current hearing on the Motion t<;> Dismiss shall be vacated, and new date shall
be requested by Defendants when a final decision is entered on the Writ.

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IT IS SO STIPULATED.

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STIPULATION TO STAY CASE

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Dated: November2~, 2012

LIEBERT CASSIDY WHITMORE

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By:~;/
RiCi1:BOiai10S

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Gurinder S. Grewal

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Attorneys for Defendant

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CITY OF CAMPBELL, DANIEL RICH,
GREG FINCH, DAN LIVINGSTON, and
RICHARD SHIPMAN

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Dated:

November~, 2012

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111

STIPULATION TO STAY CASE

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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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Writ of Administrative Mandamus, Santa Clara County Superior Court Case No.

1-12-CV-220122; save for the filing of the statement ordered herein;
2.2.Defendants' MotionPlaintiff (Docket Item No. 27) is TERMINATED Dismiss is
The deadline for to Stay to file his Opposition to the Motion to AS
MOOT. Defendants' Motion to Dismiss (Docket Item No. 29) is TERMINATED
extended to two (2) calendar weeks after the date on which a final decision is
WITHOUT PREJUDICE to being re-noticed and re-filed if necessary upon
expiration of the stay.
entered on the Writ and pursuant to Local Rule 7-3(a);
3. On or before January 11, 2013, the parties shall file a Joint Status
Statement which provides, inter alia, an update asto Plaintiffs Opposition shall be
3. The deadline for Defendants to file their Reply to the status of the state
court proceeding and addresses the continuing need for a stay of this action.
pursuant to Local'Rule 7-3(c);
4. The current hearing on the Motion to Dismiss shall be vacated, and new date shall
be requested by Defendants when a final decision is entered on the Writ.

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1. This action is hereby stayed until such a date as a final decision is entered on the

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IT IS SO ORDERED.

DATED: November 27, 2012

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The Honorable Edward J. Davila
United States District Court Judge

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[PROPOSED] ORDER TO STAY CASE