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Crosthwaite v. County of San Bernardino

United States District Court, C.D. California

August 31, 2017

Francisca Crosthwaite
v.
County of San Bernardino, et al.

          Present: The Honorable KENLY KIYA KATO, UNITED STATES MAGISTRATE JUDGE

          CIVIL MINUTES-GENERAL

         Proceedings: (In Chambers) Order Granting Defendants' Motion to Stay [Dkt. 15]

         I.

         INTRODUCTION

         On August 2, 2017, County of San Bernardino, Sheriff John McMahon, Deputy T. Verral, Deputy Pangburn, Deputy Trevor James, and Deputy Tommy Dickey (“Defendants”) filed the instant Motion to Stay this case. Dkt. 15. Plaintiff Francisca Crosthwaite (“Plaintiff”) has not filed an Opposition to the Motion to Stay. For the reasons set forth below, Defendants' Motion is GRANTED. The hearing on the Motion to Stay currently set for September 7, 2017 is hereby VACATED.

         II.

         PROCEDURAL HISTORY

         On April 19, 2017, Plaintiff filed a Complaint against Defendants alleging violation of her Fourth Amendment rights as well as state law claims for “arrest without probable cause, ” malicious prosecution, and intentional infliction of emotional distress arising out of an incident that occurred on March 18, 2016. Dkt. 1. Plaintiff alleges her purse was seized without probable cause, she was transported in the backseat of a police car against her will, and then beaten by Deputy Verral while other officers failed to intervene. Id.

         On May 6, 2016, Plaintiff was charged in The People of the State of California v. Francisca Bajarrano Crosthwaite, Victorville Superior Court Case No. 16-CR-17873, with misdemeanor resisting an officer on March 18, 2016 in violation of section 69-M of the California Penal Code. Dkt. 15 at 6-7, Declaration of Janine Highiet-Ivicevic (“Highiet-Ivicevic Decl.”), ¶ 2, Ex. 2.[1] Plaintiff's criminal trial in Case No. 16-CR-17873 is scheduled for September 11, 2017. Id.

         On July 25, 2017, in response to an email from Defendants' counsel, Plaintiff's counsel left Defendants' counsel a voicemail indicating Plaintiff would not oppose staying the case pending the outcome of Plaintiff's criminal case. Id. ¶ 1.

         On August 2, 2017, defendants County of San Bernardino, McMahon, Verral, James, and Dickey filed an Answer, which they then amended on August 8, 2017. Dkts. 12, 20. On August 2, 2017, the same defendants also filed the instant Motion to Stay. Dkt. 15.

         On August 22, 2017, defendant Pangburn filed an Answer. Dkt. 23.

         Plaintiff has not filed an opposition ...


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