Filed: Jan. 30, 2017
Latest Update: Jan. 30, 2017
Summary: STIPULATION AND [PROPOSED ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE KANDIS A. WESTMORE , Magistrate Judge . Plaintiff ANTHONY MICHAEL MABUTAS, JR., and Defendants OFFICER JAMES COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH, by and through their respective attorneys of record, hereby stipulate to the following: 1. WHEREAS Plaintiff filed a civil rights complaint in the United States District Court in the Northern District of California on August 21, 2014, arising out of P
Summary: STIPULATION AND [PROPOSED ] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE KANDIS A. WESTMORE , Magistrate Judge . Plaintiff ANTHONY MICHAEL MABUTAS, JR., and Defendants OFFICER JAMES COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH, by and through their respective attorneys of record, hereby stipulate to the following: 1. WHEREAS Plaintiff filed a civil rights complaint in the United States District Court in the Northern District of California on August 21, 2014, arising out of Pl..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE
KANDIS A. WESTMORE, Magistrate Judge.
Plaintiff ANTHONY MICHAEL MABUTAS, JR., and Defendants OFFICER JAMES COLLEY; ANTIOCH POLICE DEPARTMENT; and CITY OF ANTIOCH, by and through their respective attorneys of record, hereby stipulate to the following:
1. WHEREAS Plaintiff filed a civil rights complaint in the United States District Court in the Northern District of California on August 21, 2014, arising out of Plaintiff's arrest by an officer of the Antioch Police Department on June 9, 2014;
2. WHEREAS Plaintiff has a pending criminal case against him arising out of an April 14, 2015, arrest with charges for, among other things, violating Penal Code section 187(a) pending against him in the Superior Court of Contra Costa County.
3. WHEREAS Counsel for Plaintiff is informed that Plaintiff's trial date for the pending criminal action is scheduled for July, 2017.
4. WHEREAS it has been previously agreed that the outcome of the Plaintiff's pending criminal trial may directly or indirectly bear on the issues in this Fourth Amendment civil rights case.
5. WHEREAS, with the exception of third party discovery, this matter is presently stayed until the resolution of Plaintiff's criminal action.
6. WHEREAS this matter is currently set for a further Case Management Conference on March 7, 2017.
7. WHEREFORE, the parties by and through their respective counsel, respectfully seek an Order from the Court to continue the further Case Management Conference to sometime in August or September of 2017.
IT IS SO STIPULATED
The parties attest that concurrence in the filing of these documents has been obtained from each of the other Signatories, which shall serve in lieu of their signatures on the document.
ORDER
Pursuant to the parties' stipulation and on a showing of good cause, the Court orders that the further Case Management Conference currently set for March 7, 2017, is hereby rescheduled to September 19, 2017, at 1:30 p.m. in the undersigned's Department. The parties shall file an Updated Joint Case Management Conference Statement no later than seven (7) days prior to the new Case Management Conference date. Should the pending criminal case of Plaintiff be finally resolved before that time frame, the parties shall jointly provide notice to the Court as soon as feasible.
IT IS SO ORDERED.
