Lee Darnell Watson v. City of San Jose (San Jose Police Department) et al

Filing 27

ORDER AS MODIFIED GRANTING STIPULATION TO STAY PROCEEDINGS 26 . Case stayed until 5/20/2016 or further court order. Parties to file joint status report by 5/20/2016. Deadline for completion of ENE is extended to 150 days. Signed by Judge Nathanael Cousins on 2/17/2016. (lhS, COURT STAFF) (Filed on 2/17/2016)

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RICHARD DOYLE, City Attorney (88625)
NORA FRIMANN, Assistant City Attorney (93249)
ARDELL JOHNSON, Chief Deputy City Attorney (95340)
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
THE SEHAT LAW FIRM, PLC
Cameron Sehat, Esq. (SBN 256535)
18881 Von Karman Ave., Ste. 850
Irvine, California 92612
Telephone Number: [phone]
Facsimile Number: [phone]
E-Mail Address: [e-mail]
Attorneys for Plaintiff

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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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LEE DARNELL WATSON,
Plaintiff,

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v.

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CITY OF SAN JOSE, a government entity;
MATTHEW BRACKETT, individually;
RYAN HANSEN, individually; RONALD
HUGHES; and DOES 1-10, inclusive,

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Case Number: 15-cv-04054-NC
STIPULATION AND [PROPOSED]
ORDER TO STAY PROCEEDINGS
PENDING OUTCOME OF CRIMINAL
MATTER ; AS MODIFIED

Defendants.

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THE PARTIES BY AND THROUGH THEIR RESPECTIVE COUNSEL HEREBY
STIPULATE AS FOLLOWS:
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Plaintiff’s Complaint alleges several causes of action arising from an incident

occurring on or about October 1, 2014 in San Jose, California. Plaintiff alleges the

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

Case Number: 15-cv-04054-NC
1286508.doc

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Defendants used excessive force when taking him into custody. Plaintiff is currently facing

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criminal charges arising from this incident.

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2.

Based on the grounds that the pending State criminal charges resulting from

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the arrest of Lee Darnell Watson are inextricably related to the causes of action in this civil

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action, the lack of prejudice and reduced burden to the parties, and in the interests of

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judicial economy and the public, the parties stipulate that the entire civil action be stayed

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for 90 days. See Keating v. Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir.

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1995); see also Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th

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Cir.1989). Specifically, the parties request that the court stay the entire civil action for a 90-

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

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Clara County District Attorney’s Office or Plaintiff’s counsel in the criminal matter.

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The parties ask the court stay the proceedings for 90 days as Plaintiff’s state court

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criminal case is expected to resolve following the time not waived jury trial set for March

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20, 2016. It is anticipated that some form of resolution will occur no later than by April 29,

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2016.

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Respectfully submitted,

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Dated: February 17, 2016

RICHARD DOYLE, City Attorney

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By: /s/ Shannon Smyth-Mendoza_______
SHANNON SMYTH-MENDOZA
Sr. Deputy City Attorney

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Attorneys for Defendants

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Dated: February 17, 2016

THE SEHAT LAW FIRM, PLC

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By: /s/ Cameron Sehat
CAMERON SEHAT
Attorney for Plaintiff

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

Case Number: 15-cv-04054-NC
1286508.doc

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I attest that Plaintiffs’ counsel has read and approved this document, and given
consent to the filing of the same with the Court.

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Respectfully submitted,
Dated: February 17, 2016

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RICHARD DOYLE, City Attorney
By: /s/ Shannon Smyth-Mendoza_______
SHANNON SMYTH-MENDOZA
Sr. Deputy City Attorney

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Attorneys for Defendants

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to Court on ______________ at _____ a.m./p.m.

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S

DERED
SO OR
IT IS
DIFIED
A S MO
thanael
Judge Na

ER

M. Cousin

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RT

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HON. NATHANAEL M. COUSINS
UNITED STATES DISTRICT COURT

NO

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S DISTRICT
TE
C
__________________________________
TA

RT
U
O

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February 17, 2016
Dated:________________

UNIT
ED

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R NIA

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

s

FO

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LI

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until May 20
Good cause appearing the Court orders the entire civil action is stayed for a 90-day
or further court order. Joint status report due May 20, 2016. Deadline for ENE is extended 150 days.
period subject to an extension that will be based on information provided by law

A

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ORDER

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D IS T IC T
R

OF

C

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

Case Number: 15-cv-04054-NC
1286508.doc