Petrich v. Flint, City of

Filing 17

STIPULATED ORDER STAYING CASE Signed by District Judge Patrick J Duggan. (MOre)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN KARL PETRICH, Plaintiff, v. CITY OF FLINT, Defendant. STIPULATION FOR STAY OF ACTION UNTIL CONCLUSION OF CRIMINAL ACTION PENDING AGAINST DAVID DICKS This is a companion case to case number 2:08-CV-13526, Keith Speer v City of Flint. The issues involved in this case and in Speer v City of Flint are similar to those involved in Gaspar v Dicks, case number 2:08-CV-13707. The parties previously stipulated that as a result of these similarities, it was appropriate for the scheduling order in this case and in Speer v City of Flint to run concurrently with the dates in the Gaspar case. The Gaspar case has recently been adjourned until the conclusion of a criminal proceeding pending against David Dicks, which is currently scheduled for trial on September 15, 2009. Plaintiff and Defendant hereby stipulate Case No. 2:08-CV-13527 HON. PATRICK J. DUGGAN

that it is also appropriate to stay this civil action until the conclusion of the criminal proceedings against David Dicks and request that the Court enter the attached Order Staying Civil Action.

LEONARD KRUSE, P.C. s/with consent of Kelly Kruse KELLY A. KRUSE (P45538) Attorney for Plaintiff 4190 Telegraph Rd., Ste. 3500 Bloomfield Hills, MI 48302 [phone] [e-mail] Dated April 16, 2009

CITY OF FLINT LAW DEPARTMENT s/John Postulka JOHN POSTULKA (P71881) Attorney for Defendant 1101 S. Saginaw Street, 3rd Floor Flint, MI 48502 [e-mail]

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN KARL PETRICH, Plaintiff, v. CITY OF FLINT, Defendant. ORDER STAYING ACTION UNTIL CONCLUSION OF CRIMINAL ACTION PENDING AGAINST DAVID DICKS Plaintiff and Defendant having stipulated to a stay of this action until the conclusion of the criminal proceeding against David Dicks in the matter of United States of America v David Dicks, Case No. 09-20017; and the Court being otherwise advised in the premises; IT IS HEREBY ORDERED THAT this action is stayed until the conclusion of the criminal proceedings pending against David Dicks in the matter of United States of America v David Dicks, Case No. 09-20017, which is presently scheduled for trial on September 15, 2009 before the Honorable Sean F. Cox. IT IS FURTHER ORDERED THAT counsel for Defendant City of Flint will file a Notice with the Court in the event the criminal proceeding concludes before the presently scheduled trial date or if the presently scheduled trial date is adjourned to a later date. IT IS FURTHER ORDERED THAT upon notice by counsel for Defendant City of Flint that the criminal proceedings have concluded, counsel for the parties will confer and submit a revised scheduling order to the Court, or in the event agreement cannot be reached, will inform the Court that a scheduling conference is needed. IT IS SO ORDERED. s/Patrick J. Duggan Patrick J. Duggan United States District Judge Case No. 2:08-CV-13527 HON. PATRICK J. DUGGAN

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Dated: April 16, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on 4/16/2009,by electronic and/or ordinary mail. s/Marilyn Orem Case Manager

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