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Preston Smith, An Individual v. City of Burbank; Burbank Police Department; Burbank Police Department

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA


March 1, 2011

PRESTON SMITH, AN INDIVIDUAL; PLAINTIFF,
v.
CITY OF BURBANK; BURBANK POLICE DEPARTMENT; BURBANK POLICE DEPARTMENT OFFICER GUNN; BURBANK POLICE DEPARTMENT OFFICER BAUMGARTEN; BURBANK POLICE DEPARTMENT OFFICER EDWARDS; AND DOES 1 THROUGH 100, INCLUSIVE DEFENDANTS.

The opinion of the court was delivered by: Hon. Valerie Baker Fairbank United States District Judge

Honorable Valerie Baker Fairbank ORDER STAYING THE CASE, VACATING THE TRIAL, AND VACATING ALL PRE-TRIAL DATES

Trial Date: November 8, 2011 Time: 8:30 a.m.

Courtroom: 9

TO THE CLERK OF THE COURT, ALL INTERESTED PARTIES AND THEIR ATTORNEYS OF RECORD:

Pursuant to the parties' Stipulation for an Order Staying the Case, Vacating the Trial, and Vacating all Pre-trial Dates, IT IS HEREBY ORDERED THAT:

1. All trial and pre-trial dates in this matter are hereby vacated.

2. This matter is stayed [in its entirety] [with the exception of proceedings related to paragraph 4 of this Order].

3. The parties shall submit a Joint Status Report to this Court by May 16, 2011 advising the Court as to whether the investigation being conducted by the Los Angeles Sheriff's Department has been completed. The parties will further submit Joint Status Reports every 60 days thereafter until the investigation being conducted by the Los Angeles Sheriff's Department has been completed.

4. Defendants are permitted to file motions pursuant to Rule 12(c) of the Federal Rules of Civil Procedure, focused on whether Plaintiff's claims are barred by his conviction for violating California Penal Code § 148(a)(1) under the doctrine set forth in Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994), hereinafter "the Heck motions". The Heck motions shall be heard on May 16, 2011.

IT IS SO ORDERED:

20110301

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