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

February 1, 2012

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: Judge: Hon. Yvonne Gonzalez Rogers

JIVAKA CANDAPPA, (SBN 225919) 180 Grand Avenue, Suite 700 2 Oakland, CA 94612 3 Telephone: (510) 628-0300 Facsimile: (510) 628-0400 4 5 Attorney for Plaintiffs BARRY WHITE, JR., and DEMITRIUS ANDERSON 6 7 8

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

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; 12 13 related to that arrest: Penal Code § 245(c), assault with a deadly weapon, and Penal Code § 14

4. WHEREAS Plaintiff Barry White's preliminary hearing concluded in 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; 9

3. WHEREAS Plaintiff Barry White, Jr. is charged with the following felonies 69, resisting an executive officer; 15 December of 2011; 17 18 alleged against him will not be ready for trial for at least another nine (9) months; 19 20 misdemeanor related to that arrest: Penal Code § 148(a)(1), delaying, obstructing or resisting 21 a peace officer; 22 23 charge alleged against him will not be ready for trial for at least another nine (9) months; 24 Amendment of the United States Constitution in this civil action until the termination of the 26 criminal prosecutions against them; 27

5. WHEREAS Plaintiff Barry White's defense relating to the criminal charges

6. WHEREAS Plaintiff Demitrius Anderson is charged with the following

7. WHEREAS Plaintiff Demitrius Anderson's defense relating ...


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