Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Patel v. City of Santa Rosa

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 14, 2006

RAMAN D. PATEL, INDIVIDUALLY AND AS CASE NO. C 06 3267 MMC TRUSTEE OF THE RAMAN D. AND JASHU R. PATEL FAMILY TRUST, RAMAN D. AND JASHU R. PATEL RESIDUAL TRUST AND RAMAN D. AND JASHU R. PATEL SURVIVOR'S TRUST, AND AS GENERAL PARTNER OF THE JAS 4 RAY PROPERTIES, L.P.; RITA PATEL; DAVID STAFFORD, INDIVIDUALLY AND AS GUARDIAN OF BRIJESH R. DAJI; PRITA PATEL; BRIAN BALES, PLAINTIFFS,
v.
CITY OF SANTA ROSA, CITY OF SANTA CHESNEY ROSA POLICE DEPARTMENT; MAYOR JANE BENDER, SUED INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; COUNCILMEMBER JANET CONDRON, SUED INDIVIDUALLY AND IN HER OFFICIAL CAPACITY; DETECTIVE THOMAS PEIRSOL, SUED INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DETECTIVE STEVE FRAGA, SUED INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CITY OF SANTA ROSA POLICE OFFICER GREG YAEGER; CITY OF SANTA ROSA POLICE OFFICER PAUL HENRY; CITY OF SANTA ROSA POLICE OFFICER ERIC GOLDSCHLAG; CITY OF SANTA ROSA POLICE OFFICER DAVID P. GORMAN; CITY OF SANTA ROSA POLICE OFFICER DAVID MARCONI; CITY OF SANTA ROSA POLICE OFFICER MICHAEL S. TOSTI; CITYY OF SANTA ROSA POLICE OFFICE DAVID LINSCOMB; CITY OF SANTA ROSA POLICE OFFICER DAVID JONES; CITY OF SANTA ROSA POLICE OFFICER MICHAEL CHAD HEISER; SANTA ROSA POLICE OFFICER CHRISTOPHER PARMAN; CITY OF SANTA ROSA POLICE OFFICER MARCUS R. SPRAGUE; CITY OF SANTA ROSA POLICE OFFICER DAVID ALBRITTON; CITY OF SANTA ROSA POLICE OFFICER MATTHEW TOMLIN; CITY OF SANTA ROSA POLICE OFFICER NOAH CADE; CITY OF SANTA ROSA POLICE OFFICER KOHUT SUED AS DOE INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CITY OF SANTA ROSA POLICE OFFICER GARY NEGRI, SUED AS DOE INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; CITY OF SANTA ROSA POLICE OFFICER BARR, SUED AS DOE INDIVIDUALLY AND IN HIS OFFICIAL CAPACITY; DOES THROUGH 10, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Judge: Honorable Maxine M.

[PROPOSED] ORDER GRANTING MOTION TO STAY; ADMINISTRATIVELY CLOSING ACTION Date: July 14, 2006 Time: 9:00 a.m. Place: Courtroom 450 Golden Gate Avenue 19th Floor San Francisco, CA 94102

The doctrine of Younger abstention precludes this Court from hearing federal actions that interfere with seeking relief against state civil proceedings if the state proceeding: 1) is pending when the federal action is filed; 2) is a judicial proceeding that implicates important state interests; and 3) 16 affords the federal plaintiffs an adequate opportunity to present their federal claims. See Gilbertson v. Albright (9th Cir. 2004) 381 F.3d 965, 975, 977-978 (en banc).

As all three factors are present in the instant action, the Court hereby GRANTS the City of Santa Rosa's request to stay this action until the state court civil abatement proceedings have 20 been completed.

The action is hereby administratively CLOSED, but may be reopened if plaintiffs file a request to reopen the action within thirty days after the exhaustion of all appellate remedies in the state court civil abatement proceedings. See Huffman v. Pursue, Ltd., 420 U.S. 592, 608 (1975) (holding Younger abstention remains in 23 effect until appellate remedies are exhausted).

IT IS SO ORDERED.

20060814

© 1992-2006 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.