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

Filing 29

ORDER GRANTING STIPULATION TO STAY PROCEEDINGS PENDING OUTCOME OF CRIMINAL MATTER 28 . Updated Case Management Statement due by 8/17/2016. Further Case Management Conference set for 8/24/2016 10:00 AM in Courtroom 7, 4th Floor, San Jose. Signed by Judge Nathanael Cousins on 5/12/2016. (lmh, COURT STAFF) (Filed on 5/12/2016)

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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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STIPULATION AND ORDER TO STAY
PROCEEDINGS PENDING OUTCOME
OF CRIMINAL MATTER

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

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Case Number: 15-cv-04054-NC

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 ORDER TO STAY PROCEEDINGS PENDING
OUTCOME OF CRIMINAL MATTER

Case Number: 15-cv-04054-NC
1315385

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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 60 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

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60-day period based on information provided by Santa Clara County District Attorney’s

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Office in the criminal matter.

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The parties hereby seek a stay of the proceedings for 60 days as Plaintiff’s state

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court criminal case is expected to resolve following the time not waived jury trial re-set for

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June 6, 2016. It is anticipated that some form of resolution will occur no later than by July

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1, 2016.

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Respectfully submitted,

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Dated: May 12, 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: May 12, 2016

THE SEHAT LAW FIRM, PLC
By: /s/ Cameron Sehat
CAMERON SEHAT
Attorney for Plaintiff

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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING
OUTCOME OF CRIMINAL MATTER

Case Number: 15-cv-04054-NC
1315385

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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: May 12, 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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ORDER
Good cause appearing the Court orders the entire civil action is stayed for a 60-day
period based on information provided by Santa Clara County District Attorney’s Office in
the criminal matter. The parties are ordered to return to Court on August 24, 2016 at
10:00 a.m. Updated case management statement due August 17, 2016.

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M. Cousin

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Judge Na

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__________________________________
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HON. NATHANAEL M. COUSINS
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UNITED

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Dated: May 12, 2016

FO

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N

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OF

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STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING
OUTCOME OF CRIMINAL MATTER

Case Number: 15-cv-04054-NC
1315385