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

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


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 to the criminal

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

9. WHEREAS the success of some or all of the claims brought against the

Defendants in this civil case may turn on the outcome of the criminal prosecutions against 2 Plaintiffs; 3

10. WHEREAS Plaintiffs' claims against Defendants in this civil matter may be 4 limited and/or barred should either of the Plaintiffs suffer convictions in relation to these 5 pending criminal proceedings; 6

11. WHEREAS there are many overlapping and intertwined issues between the 7 criminal and civil cases involving the Plaintiffs and going forward on the civil case while the 8 criminal cases are still pending could lead to inconsistent rulings and/or verdicts. 9

12. WHEREAS on November 18, 2011, per Stipulation and Order, the previously 10 assigned Judge, Hon. William Alsup, ordered this matter stayed in all respects due to the 11 pending criminal proceedings involving Plaintiffs. (See Document 12, e-filed 11/18/11). 12

13. WHEREFORE, the parties, by and through their respective counsel, 13 respectfully seek a further Order of the Court to: 14

a. continue to 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, and

c. set this matter for a case management conference during the week of November 19, 2012, per the availability of the Court, with a deadline for the parties to file a joint case management conference prior to that date.

IT IS SO STIPULATED

ORDER

Pursuant to the parties' stipulation and on a showing of good cause, this case shall 8 remain stayed in all respects until further Order of the Court. Defendants shall file a responsive 9 pleading no later than 20 days after the filing of an Order lifting the stay in this matter. This 10 matter is set for a Case Management Conference on 2012. The 11 parties shall file a Joint Case Management Conference Statement no later than two weeks prior 12 to the hearing. 13

IT IS SO ORDERED.

Dated: _____________, 2012 By: ___________________________________

HONORABLE YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT JUDGE

20120201

© 1992-2012 VersusLaw Inc.



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