Buster v. City of Vallejo, 2:18-cv-01860-TLN-EFB. (2019)
Court: District Court, E.D. California
Number: infdco20191119812
Visitors: 22
Filed: Nov. 18, 2019
Latest Update: Nov. 18, 2019
Summary: STIPULATION AND ORDER TO STAY CASE PENDING RESOLUTION OF CRIMINAL ACTION TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that City Defendants and Plaintiff Brian Buster stipulate that good cause exists for the Court to stay the present action pending resolution of criminal proceedings against Plaintiff Brian Buster currently pending in Solano County Court (Case No. VCR224537) which involves the same set of
Summary: STIPULATION AND ORDER TO STAY CASE PENDING RESOLUTION OF CRIMINAL ACTION TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that City Defendants and Plaintiff Brian Buster stipulate that good cause exists for the Court to stay the present action pending resolution of criminal proceedings against Plaintiff Brian Buster currently pending in Solano County Court (Case No. VCR224537) which involves the same set of ..
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STIPULATION AND ORDER TO STAY CASE PENDING RESOLUTION OF CRIMINAL ACTION
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that City Defendants and Plaintiff Brian Buster stipulate that good cause exists for the Court to stay the present action pending resolution of criminal proceedings against Plaintiff Brian Buster currently pending in Solano County Court (Case No. VCR224537) which involves the same set of underlying facts and circumstances giving rise to this civil litigation. Good cause exists to stay this action as a conviction in the criminal action will potentially bar or limit Plaintiff's claims in this action pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). In addition, under California law Plaintiff's claims may not be brought while a criminal case is pending pursuant to Government Code § 945.3.
The parties shall notify the court within 15 days of resolution of the criminal action, or provide a brief status report updating the court by no later than March 1, 2020.
DATED: November 15, 2019 Respectfully submitted,
/s/ Timothy R. Smyth
TIMOTHY R. SMYTH
Deputy City Attorney
Attorney for Defendants, CITY OF VALLEJO,
OFFICER KENNETH JACKSON, OFFICER
ROBERT DeMARCO
DATED: November 15, 2019 Respectfully submitted,
/s/ Stanley Goff
STANLEY GOFF
Attorney for Plaintiff BRIAN BUSTER
IT IS SO ORDERED:
Source: Leagle
