STIPULATION AND [PROPOSED] ORDER SEEKING STAY OF PROCEEDINGS PENDING DECISION FROM NINTH CIRCUIT COURT OF APPEALS REGARDING THE PARTIES' PETITIONS FOR APPEAL UNDER 28 U.S.C. § 1292(b)

MARIA-ELENA JAMES, District Judge.

Plaintiffs Raul Barajas and Elva Barajas ("Plaintiffs") and Defendants City of Rohnert Park, Jacy Tatum, David Rodriquez and Matthew Snodgrass ("Defendants"), through their undersigned counsel, hereby stipulate as follows:

WHEREAS, on August 10, 2016, the Court entered the Order Re: Motion for Summary Judgment and Sua Sponte Certifying Issues for Appeal (the "Order");

WHEREAS, the Order sua sponte certified two issues for interlocutory appeal under 28 U.S.C. § 1292(b) and ordered the parties to meet and confer and within 30 days of the Order's issuance submit a proposal regarding whether the action should be stayed;

WHEREAS, the parties filed separate petitions seeking appellate review under § 1292(b) of one or both issues certified by the district court;

WHEREAS, the parties have met and conferred and agree that a stay of the proceedings before this Court pending resolution of the parties' petitions by the Ninth Circuit Court of Appeals, either through an order declining to accept certification of both issues or a ruling on the appeal of one or both issues, is appropriate and would promote economy of time and effort;

WHEREAS, the parties shall promptly inform the Court if the Ninth Circuit declines to accept certification of one or both certified issues; and

WHEREAS, Defendants and Plaintiffs propose the following: A stay of the proceedings before this Court should be entered pending resolution of the parties' petitions by the Ninth Circuit Court of Appeals, either through an order declining to accept certification of both issues or a ruling on the appeal of one or both issues.

THE PARTIES HEREBY STIPULATE, subject to the approval of the Court, that a stay of the proceedings before this Court should be entered pending resolution of the parties' petitions by the Ninth Circuit Court of Appeals, either through an order declining to accept certification of both issues or a ruling on the appeal of one or both issues.

IT IS SO STIPULATED.

FILER'S ATTESTATION PURSUANT TO CIVIL LOCAL RULE 5-1(i)(3)

I, Arturo J. González, hereby certify that I am the ECF user whose identification and password are being used to file the foregoing Stipulation and [Proposed] Order Seeking Stay of Proceedings Pending Decision From Ninth Circuit Court of Appeals Regarding the Parties' Petitions for Appeal Under 28 U.S.C. § 1292(b) and that the above-referenced signatory to this stipulation has conferred in this filing.

IT IS SO ORDERED.