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Barry White, Jr. and Demitrius anderson v. City of Antioch

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


November 18, 2011

BARRY WHITE, JR. AND DEMITRIUS ANDERSON,
PLAINTIFFS,
v.
CITY OF ANTIOCH, JAMES HYDE, CHIEF OF POLICE, ANTIOCH POLICE DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; ALLAN CANTANDO, CHIEF OF POLICE, ANTIOCH POLICE DEPARTMENT, IN HIS OFFICIAL AND INDIVIDUAL CAPACITIES; OFFICER NICHOLAS CUEVAS (#3920), OFFICER CHRIS WALTERS (#3489), CORPORAL MIKE HULSEY (#2356), CORPORAL KELLY OUIMET (#2031), LIEUTENANT LEONARD ORMAN (#1878), OFFICER MIKE MELLONE (#4323), DOES 1 THROUGH 25, IN THEIR OFFICIAL AND INDIVIDUAL CAPACITIES, DEFENDANTS.

The opinion of the court was delivered by: Honorable William Alsup United States District Judge

JIVAKA CANDAPPA, (SBN 225919) 180 Grand Avenue, Suite 700 Oakland, CA 94612 Telephone: (510) 628-0300 Facsimile: (510) 628-0400 Attorney for Plaintiffs BARRY WHITE, JR., and DEMITRIUS ANDERSON

STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING RESOLUTION OF CRIMINAL PROSECUTIONS

Stipulation and Order to Stay Action White et al. v. City of Antioch et al. Leonard Orman, and Mike Mellone, by and through their respective attorneys of record, 4 hereby stipulate to the following: 5

Court in the Northern District of California on August 26, 2011, arising out of an incident 7 relating to the arrests of Plaintiffs by officers of the Antioch Police Department on August 29, 8

2. WHEREAS the Contra Costa County District Attorney's Office initiated 10 criminal proceedings against both Plaintiffs on or about May 24, 2010, in connection with the 11 incident relating to the arrests of Plaintiffs on August 29, 2009;

3. WHEREAS Plaintiff Barry White, Jr. is charged with the following felonies 13 related to that arrest: assault with a deadly weapon upon a peace officer, resisting an executive 14 officer and a firearm enhancement; 15 16 misdemeanor related to that arrest: delaying, obstructing or resisting a peace officer; 17 18 criminal charges alleged against him is scheduled to be completed on November 18, 2011; 19 20 charge alleged against him is scheduled to begin on January 23, 2012; 21 Amendment of the United States Constitution in this civil action until the termination of the 23 criminal prosecutions against them; 24 25 this civil case may turn on the outcome of the criminal prosecutions against Plaintiffs; 26 27 limited and/or barred should either of the Plaintiffs suffer convictions in relation to these 28 Stipulation and Order to Stay Action White et al. v. City of Antioch et al.

Plaintiffs Barry White, Jr. and Demitrius Anderson, and Defendants City of Antioch, James Hyde, Allan Cantando, Nicholas Cuevas, Chris Walters, Mike Hulsey, Kelly Ouimet, 3

1. WHEREAS Plaintiffs filed a civil rights complaint in the United Stated District 2009;

4. WHEREAS Plaintiff Demitrius Anderson is charged with the following

5. WHEREAS Plaintiff Barry White's preliminary hearing in connection with the

6. WHEREAS Plaintiff Demitrius Anderson's jury trial relating to the criminal

7. WHEREAS Plaintiffs intend to invoke their rights pursuant to the Fifth

8. WHEREAS the success of some or all of the claims against the Defendants in

9. WHEREAS Plaintiffs' claims against Defendants in this civil matter may be pending criminal proceedings; 2

10. WHEREAS there are many overlapping and intertwined issues between the 3 criminal and civil cases involving the Plaintiffs and going forward on the civil case while the 4 criminal cases are still pending could lead to inconsistent rulings and/or verdicts. 5

11. WHEREFORE, the parties, by and through their respective counsel, 6 respectfully seek an Order of the Court to: 7

a. stay this case until further Order of the Court,

b. grant Defendants an extension of time to file a responsive pleading, such pleading to be filed no later than 20 days after the filing of an order lifting the stay in this action,

c. vacate the current Scheduling Order in this case including the December 8th Case Management Conference, and

d. set this matter for a case management conference during the week of February 20, 2012, per the availability of the Court.

IT IS SO STIPULATED

Pursuant to the parties' stipulation and on a showing of good cause, this case is stayed in 3 all respects until further Order of the Court. Defendants shall file a responsive pleading no later 4 than 20 days after the filing of an Order lifting the stay in this matter. The current Scheduling 5 Order in this case, including the December 8th Case Management Conference, is hereby at 11:00 a.m.

vacated, and the matter is set for a Case Management Conference on February ______, 2012.

The parties shall file a joint Case Management Conference statement no later than one week 8 prior to the hearing.

IT IS SO ORDERED.

By:

20111118

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