United States District Court, C.D. California
Present: The Honorable KENLY KIYA KATO, UNITED STATES
(In Chambers) Order Granting Defendants' Motion to Stay
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.
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.
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.
Plaintiff's criminal trial in Case No. 16-CR-17873 is
scheduled for September 11, 2017. Id.
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.
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.
August 22, 2017, defendant Pangburn filed an Answer. Dkt. 23.
has not filed an opposition ...