Stewart v. City of San Jose et al

Filing 33

ORDER granting Motion to Continue Stay. Signed by Judge Lucy H. Koh on April 26, 2016. (lhklc1, COURT STAFF) (Filed on 4/26/2016)

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
CHRISTIAN B. NIELSEN, Chief Deputy City Attorney (87972)
SHANNON SMYTH-MENDOZA, Sr. Deputy City Attorney (188509)
Office of the City Attorney
200 East Santa Clara Street, 16th Floor
San José, California 95113-1905
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Defendants:
MICHAEL L. PORTER and PETER A SZEMEREDI
JOHN L. BURRIS (69888)
DeWITT M. LACY (258789)
The Law Offices of John L. Burris
Airport Corporate Center
7677 Oakport St., Suite 1120
Oakland, CA 94621
Telephone Number: [phone]
Facsimile Number: [phone]
[e-mail]
Attorneys for Plaintiff:
MARCUS ALAN STEWART

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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MARCUS ALAN STEWART, an individual,

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Plaintiff,
v.
MICHAEL L. PORTER, individually and in his
capacity as an officer for the San Jose Police
Department; PETER A. SZEMEREDI,
individually and in his capacity as an officer
for the San Jose Police Department; DOES 110, inclusive, individually and in their
capacities as officers for the San Jose Police
Department,

Case Number: 14-CV-05235 LHK
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
PENDING OUTCOME OF CRIMINAL
MATTER

Defendants.
The parties are reporting back to the court following the court’s order of January 28,
2016 continuing the stay and prior to the Case Management Conference currently set for
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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS
PENDING OUTCOME OF CRIMINAL MATTER

Case Number: 14-CV-05235
1310573.doc

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May 4, 2016.
The parties ask the court to continue the stay of proceedings for another 45 days.

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Plaintiff’s state court criminal case has not resolved and is currently set for trial on May 16,

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2016 It is anticipated that some form of resolution of the criminal case will occur by the

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end of the first week of June 2016.

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Defendants’ counsel is unavailable from June 9, 2016 through June 20, 2016 and

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request that the continued Case Management Conference be rescheduled to a date no

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earlier than June 21, 2016.

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Respectfully submitted,

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Dated: April 26, 2016

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RICHARD DOYLE, City Attorney
By: _ /s/ Shannon Smyth-Mendoza______
SHANNON SMYTH-MENDOZA
Senior Deputy City Attorney

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Attorneys for Defendants:
MICHAEL L. PORTER and PETER A SZEMEREDI

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Dated: April 26, 2016

LAW OFFICES OF JOHN L. BURRIS
By: ___/s/ DeWitt M. Lacy___________
DEWITT M. LACY

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Attorneys for Plaintiff:
MARCUS ALAN STEWART

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I attest that Plaintiff’s counsel has read and approved this document, and given
consent to the filing of the same with the Court.
Respectfully submitted,
Dated: April 26, 2016

RICHARD DOYLE, City Attorney

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By: _ /s/ Shannon Smyth-Mendoza______
SHANNON SMYTH-MENDOZA
Senior Deputy City Attorney
Attorneys for Defendants:
MICHAEL L. PORTER and PETER A SZEMEREDI
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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS
PENDING OUTCOME OF CRIMINAL MATTER

Case Number: 14-CV-05235
1310573.doc

ORDER

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Good cause appearing the Court orders the entire civil action is stayed for an additional

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45 day period subject to an extension that will be based on information provided by law

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enforcement or Plaintiff’s counsel in the criminal matter. The parties are ordered to return to

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2 p.m.
June 29, 2016
Court on ______________ at _____ a.m./p.m.

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April 26, 2016
Dated ___________________

______________________________
HON. LUCY H. KOH
United States District Court Judge

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STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS
PENDING OUTCOME OF CRIMINAL MATTER

Case Number: 14-CV-05235
1310573.doc