Mitchell et al v. County of Madera et al
Filing
67
STIPULATION and ORDER to Stay Plaintiff's Claims Pending Appeal signed by District Judge Lawrence J. O'Neill on 11/01/2011. Status Report due by 2/1/2012.(Flores, E)
<![CDATA[
1
2
3
4
5
6
DENNIS M. COTA, Bar No. 127992
CAROLYN J. FRANK, Bar No. 245479
COTA COLE LLP
2261 Lava Ridge Court
Roseville, CA 95661
Telephone:
(916) 780-9009
Facsimile:
(916) 780-9050
Attorneys for Defendants
COUNTY OF MADERA and
MICHAEL KEITZ
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
KAREN MITCHELL and TONI LINDSEY,
11
12
13
14
Plaintiffs,
Case No. 1:10-cv-01405-LJO-DLB
STIPULATION TO STAY
PLAINTIFFS’ CLAIMS PENDING
APPEAL; ORDER
v.
COUNTY OF MADERA and MICHAEL
KEITZ,
Defendants.
15
Trial Date: January 17, 2012
16
17
18
19
20
21
22
23
24
25
26
27
28
{JEM/00017897.}
STIPULATION RE STAY OF PLAINTIFFS’ CLAIMS
Case No. 1:10-cv-01405-LJO-DLB
1
IT IS STIPULATED by and between the parties:
2
1.
Whereas, Defendants County of Madera and Michael Keitz filed an appeal of the
3
District Court’s denial of their Motion for Summary Judgment based on qualified
4
immunity on October 26, 2011.
5
2.
6
7
Whereas, the Ninth Circuit Court of Appeals has given the appeal case number
11-17582.
3.
Whereas, a stay pending appeal is appropriate for the parties to the appeal, because
8
an appeal of a motion for summary judgment based on qualified immunity
9
automatically divests the District Court of jurisdiction.
10
4.
Whereas, Plaintiffs request that both Plaintiffs’ claims be stayed pending appeal.
11
5.
Whereas, mediation between the parties is scheduled for November 10, 2011.
12
6.
All parties request the trial of this matter currently scheduled for January 17, 2012,
13
be taken off calendar, including all dates for the Pre-Trial Statements and the Pre-
14
Trial Conference scheduled for November 30, 2011, pending final resolution of
15
Appeal No. 11-17582.
16
17
18
Dated: October 31, 2011
PENNER, BRADLEY & SIMONIAN
19
By: /s/ Peter Sean Bradley
Peter Sean Bradley
Attorneys for Plaintiffs
KAREN MITCHELL and TONI
LINDSEY
20
21
22
23
Dated: October 31, 2011
COTA COLE LLP
24
By: /s/ Carolyn J. Frank
Dennis M. Cota
Carolyn J. Frank
Attorneys for Defendants
COUNTY OF MADERA and
MICHAEL KEITZ
25
26
27
28
{JEM/00017897.}
-1-
STIPULATION RE STAY OF PLAINTIFFS’ CLAIMS
Case No. 1:10-cv-01405-LJO-DLB
1
2
[PROPOSED] ORDER
Based on the foregoing Stipulation To Stay Plaintiffs’ Claims Pending Appeal, this
3
COURT:
4
1.
5
6
action;
2. VACATES the November 30, 2011 pretrial conference and hearing on defendants’
7
8
STAYS all aspects of this action pending defendants’ appeal or resolution of this
motion to stay and the January 17, 2011 trial;
3. ORDERS the parties, no later than February 1, 2012, to file status reports as to the
9
appeal and related matters, and to file status reports every 120 days thereafter.
10
11
12
13
14
IT IS SO ORDERED.
Dated:
November 1, 2011
/s/ Lawrence J. O’Neill
UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:
15
66h44d
16
17
18
19
20
21
22
23
24
25
26
27
28
{JEM/00017897.}
STIPULATION RE STAY OF PLAINTIFFS’ CLAIMS
Case No. 1:10-cv-01405-LJO-DLB
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
