IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 2, 2011
HARLEY S. BRIDGEMAN JR., PLAINTIFF,
UNITED STATES OF AMERICA, ET AL., DEFENDANTS. FEDERAL NATIONAL MORTGAGE ASSOCIATION, PLAINTIFF,
HARLEY S. BRIDGEMAN, JR.; CHANDA J. BRIDGEMAN, DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
ORDER AND RELATED COUNTER-CLAIMS AND THIRD-PARTY CLAIMS
Presently before the court are two motions to stay civil proceedings pending determination of criminal liability filed by defendant Harley S. Bridgeman, Jr., who is the plaintiff in the matter of Bridgeman v. United States et al., No. 2:10-cv-1457 JAM KJN PS ("Bridgeman I"), and the defendant, counterclaimant, and third-party claimant in the related matter of Federal National Mortgage Association v. Bridgeman et al., No. 2:10-cv-2619 JAM KJN PS ("Bridgeman II").*fn1 On December 20, 2010, the undersigned filed proposed findings and recommendations in Bridgeman II that recommend that plaintiff's motion to remand be granted and that the entire matter be remanded to state court. (See Findings & Recommendations, Dec. 20, 2010, at 12, Bridgeman II, Dkt. No. 52.) On January 21, 2011, the undersigned filed proposed findings and recommendations in Bridgeman I that recommend that defendants' respective motions to dismiss be granted and that all of Mr. Bridgeman's claims in Bridgeman I be dismissed with prejudice as to all defendants. (See Order and Findings & Recommendations, Jan. 21, 2011, at 35-36, Bridgeman I, Dkt. No. 87.)
Mr. Bridgeman filed his motions seeking stays in both above-captioned
actions on January 31, 2011, and noticed his motions for a hearing to
take place before the undersigned on March 10, 2011.*fn2
(Mot. for Stay, Bridgeman I, Dkt. No. 90; Mot. for Stay,
Bridgeman II, Dkt. No. 64.) Because oral argument would not materially
aid resolution of the pending motions, these motions are submitted on
the briefs and record without a hearing. See Fed. R. Civ.
P. 78(b); E. Dist. Local Rule 230(g).*fn3 Having
reviewed the moving papers and the record in this case, the
undersigned denies the motions for stays in Bridgeman I and Bridgeman
Mr. Bridgeman seeks a stay of the civil proceedings in Bridgeman I and Bridgeman II on the basis of a "report" of criminal activity. The report of criminal activity upon which Mr. Bridgeman bases his motions relates to the alleged armed-robbery of his youngest daughter outside of her apartment, which allegedly resulted in criminal charges being brought against the alleged perpetrators. Mr. Bridgeman seeks the stays pursuant to Federal Rules of Civil Procedure 54(b) and 62(h).
Mr. Bridgeman's motions are not well-taken. First, the criminal proceeding that is the subject of Mr. Bridgeman's motions, which is presumably proceeding in state court, has no apparent connection or bearing to the Bridgeman I or Bridgeman II matters, which involve the termination of Mr. Bridgeman's employment, the foreclosure of Mr. Bridgeman's home, and an unlawful detainer action. Moreover, the reported criminal proceeding does not appear to involve Mr. Bridgeman, other than perhaps in his role as father to the alleged victim. Finally, Rules 54(b) and 62(h) provide no bases for granting the type of stays requested by Mr. Bridgeman.*fn4
Accordingly, IT IS HEREBY ORDERED that:
1. Harley S. Bridgeman, Jr.'s Motion for Stay of Civil Proceedings Pending Determination of Criminal Liability filed in matters numbered 2:10-cv-1457 JAM KJN PS and 2:10-cv-2619 JAM KJN PS are submitted without oral argument.
2. Mr. Bridgeman's motion for a stay filed in case number 2:10-cv-1457 JAM KJN PS (Dkt. No. 90) is denied.
3. Mr. Bridgeman's motion for a stay filed in case number 2:10-cv-2619 JAM KJN PS (Dkt. No. 64) is denied.
4. The Clerk of Court is directed to file this order in both above-captioned cases.
IT IS SO ORDERED.