Davis v. O'Connor, 18cv2824-LAB (LL). (2019)
Court: District Court, N.D. California
Number: infdco20190311902
Visitors: 18
Filed: Mar. 08, 2019
Latest Update: Mar. 08, 2019
Summary: ORDER GRANTING MOTION TO LIFT STAY [Dkt. 29] LARRY ALAN BURNS , Chief District Judge . In light of Defendant Timothy O'Connor's notice of non-opposition, (Dkt. 32), Plaintiff Gavin Davis' motion to lift the stay is GRANTED. Dkt. 29. The parties are ORDERED to meet and confer no later than March 15, 2019 regarding whether any of Davis' claims are mooted by the state court dismissal. See, e.g., Forte v. County, 2016 WL 4247950, at *5 (E.D. Cal. 2016) ("Plaintiff has not suffered a
Summary: ORDER GRANTING MOTION TO LIFT STAY [Dkt. 29] LARRY ALAN BURNS , Chief District Judge . In light of Defendant Timothy O'Connor's notice of non-opposition, (Dkt. 32), Plaintiff Gavin Davis' motion to lift the stay is GRANTED. Dkt. 29. The parties are ORDERED to meet and confer no later than March 15, 2019 regarding whether any of Davis' claims are mooted by the state court dismissal. See, e.g., Forte v. County, 2016 WL 4247950, at *5 (E.D. Cal. 2016) ("Plaintiff has not suffered a c..
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ORDER GRANTING MOTION TO LIFT STAY [Dkt. 29]
LARRY ALAN BURNS, Chief District Judge.
In light of Defendant Timothy O'Connor's notice of non-opposition, (Dkt. 32), Plaintiff Gavin Davis' motion to lift the stay is GRANTED. Dkt. 29.
The parties are ORDERED to meet and confer no later than March 15, 2019 regarding whether any of Davis' claims are mooted by the state court dismissal. See, e.g., Forte v. County, 2016 WL 4247950, at *5 (E.D. Cal. 2016) ("Plaintiff has not suffered a criminal conviction. The criminal case was dismissed and therefore any violation of Brady for failure to provide exculpatory material is moot.") (citing Puccetti v. Spencer, 476 Fed. Appx. 658 (9th Cir. 2011)). To the extent any or all of his claims are moot, Davis shall file an amended complaint no later than March 22, 2019. In any event, O'Connor shall respond to Davis' operative complaint no later than April 5, 2019.
IT IS SO ORDERED.
Source: Leagle
