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

NATHANAEL M. COUSINS, District Judge.

THE PARTIES BY AND THROUGH THEIR RESPECTIVE COUNSEL HEREBY STIPULATE AS FOLLOWS:

1. Plaintiff's Complaint alleges several causes of action arising from an incident occurring on or about October 1, San Jose, California. Plaintiff alleges the Defendants used excessive force when taking him into custody. Plaintiff is currently facing criminal charges arising from this incident.

2. Based on the grounds that the pending State criminal charges resulting from the arrest of Lee Darnell Watson are inextricably related to the causes of action in this civil action, the lack of prejudice and reduced burden to the parties, and in the interests of judicial economy and the public, the parties stipulate that the entire civil action be stayed for 90 days. See Keating v. Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir. 1995); see also Federal Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902 (9th Cir.1989). Specifically, the parties request that the court stay the entire civil action for a 90-day period subject to an extension that will be based on information provided by Santa Clara County District Attorney's Office or Plaintiff's counsel in the criminal matter.

The parties ask the court stay the proceedings for 90 days as Plaintiff's state court criminal case is expected to resolve following the time not waived jury trial set for March 20, 2016. It is anticipated that some form of resolution will occur no later than by April 29, 2016.

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

ORDER

Good cause appearing the Court orders the entire civil action is stayed for a 90-day period subject to an extension that will be based on information provided by law enforcement or Plaintiff's counsel in the criminal matter. The parties are ordered to return to Court on ______________ at _____ a.m./p.m.