Harper v. County of Monterey, 18-cv-03695-YGR. (2018)
Court: District Court, N.D. California
Number: infdco20180821a25
Visitors: 4
Filed: Aug. 20, 2018
Latest Update: Aug. 20, 2018
Summary: ORDER STAYING CASE; SETTING COMPLIANCE HEARING YVONNE GONZALEZ ROGERS , District Judge . The Court has reviewed the pleadings and pending motions to dismiss plaintiff's complaint (Dkt. Nos. 32, 33) in the above-captioned case and ORDERS as follows: • Plaintiff's sixth claim for relief for violation of the Bane Act, Cal. Civ. Code 52.1, is deemed WITHDRAWN by plaintiff. ( See Dkt. No. 39 at 6; Dkt. No. 40 at 8.) • The case is STAYED pending resolution of the criminal proceedings a
Summary: ORDER STAYING CASE; SETTING COMPLIANCE HEARING YVONNE GONZALEZ ROGERS , District Judge . The Court has reviewed the pleadings and pending motions to dismiss plaintiff's complaint (Dkt. Nos. 32, 33) in the above-captioned case and ORDERS as follows: • Plaintiff's sixth claim for relief for violation of the Bane Act, Cal. Civ. Code 52.1, is deemed WITHDRAWN by plaintiff. ( See Dkt. No. 39 at 6; Dkt. No. 40 at 8.) • The case is STAYED pending resolution of the criminal proceedings ag..
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ORDER STAYING CASE; SETTING COMPLIANCE HEARING
YVONNE GONZALEZ ROGERS, District Judge.
The Court has reviewed the pleadings and pending motions to dismiss plaintiff's complaint (Dkt. Nos. 32, 33) in the above-captioned case and ORDERS as follows:
• Plaintiff's sixth claim for relief for violation of the Bane Act, Cal. Civ. Code § 52.1, is deemed WITHDRAWN by plaintiff. (See Dkt. No. 39 at 6; Dkt. No. 40 at 8.)
• The case is STAYED pending resolution of the criminal proceedings against plaintiff.
See Wallace v. Kato, 549 U.S. 384, 393-94 (2007):
If a plaintiff files a false-arrest claim before he has been convicted (or files any other claim related to rulings that will likely be made in a pending or anticipated criminal trial), it is within the power of the district court, and in accord with common practice, to stay the civil action until the criminal case. . . is ended. . . . If the plaintiff is ultimately convicted, and if the stayed civil suit would impugn that conviction, Heck [v. Humphrey, 512 U.S. 477 (1994)] will require dismissal; otherwise the civil action will proceed, absent some other bar to suit.
(internal citation omitted). Once the criminal proceedings are completed, the Court will afford plaintiff an opportunity to amend his complaint and defendants an opportunity to respond thereto.
• Accordingly, the pending motions to dismiss, and any corresponding requests for judicial notice, are deemed WITHDRAWN without prejudice to refiling.
• All currently set dates in this matter are VACATED, including the hearing on the motions to dismiss set for August 28, 2018.
• A compliance hearing is SET for Friday, March 1, 2019, on the Court's 9:01 a.m. calendar, in the Federal Building, 1301 Clay Street, Oakland, California in Courtroom 1. Five (5) business days prior to the date of the compliance hearing, the parties shall file a JOINT STATEMENT, not to exceed five (5) pages, informing the Court of the status of the criminal case against plaintiff. If compliance is complete, the parties need not appear and the compliance hearing will be taken off calendar.
IT IS SO ORDERED.
Source: Leagle
