Graff v. City of Vallejo ( 2020 )

1 RANDY J. RISNER Interim City Attorney, SBN 172552 2 BY: KATELYN M. KNIGHT Deputy City Attorney, SBN 264573 3 CITY OF VALLEJO, City Hall 555 Santa Clara Street, 3rd Floor 4 Vallejo, CA 94590 Tel: (707) 648-4545 5 Fax: (707) 648-4687 Email: katelyn.knight@cityofvallejo.net 6 7 Attorneys for Defendants CITY OF VALLEJO and BRIAN MURPHY 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION 10 SHERRY GRAFF, an individual Case No. 2:18-cv-02848-KJM-CKD 11 Plaintiff, STIPULATION AND ORDER TO STAY 12 CASE PENDING RESOLUTION OF vs. CRIMINAL ACTION 13 CITY OF VALLEJO, a municipal 14 corporation; BRIAM MURPHY as an individual and in his official capacity as a 15 police officer for the VALLEJO POLICE 16 DEPARTMENT; and DOES 1-50, inclusive, 17 Defendant. 18 19 WHEREAS this case arises from the arrest of Sherry Graff on April 24, 2018; 20 WHEREAS the District Attorney brought charges against Ms. Graff for resisting arrest 21 in violation of Penal Code § 148(a)(1) and being under the influence of a controlled substance in 22 violation of Health & Safety Code § 11550(a) in connection with her arrest on April 24, 2018, 23 which case is currently pending in the Solano County Superior Court, Case No. VCR232945; 24 WHEREAS a conviction in the criminal case may bar some or all of Plaintiff’s claims 25 against Defendants under Heck v. Humphrey, 512 U.S. 477 (1994); 26 WHEREAS California Government Code § 945.3 precludes Plaintiff from litigating her 27 claims under State law against Officer Murphy and the City of Vallejo while the criminal case is 28 pending; 1 WHEREAS Defendants filed a contested motion for stay on August 8, 2019, which was 2 taken under submission by the Court but has not yet been ruled upon; 3 WHEREAS Plaintiff was previously unwilling to stipulate to a stay, but now believes 4 that a stay is appropriate; 5 IT IS HEREBY STIPULATED by and between the parties to this action through their 6 counsel that this case be stayed pending resolution of criminal proceedings against Plaintiff 7 Sherry Graff currently pending in Solano County Superior Court. 8 9 DATED: February 19, 2020 Respectfully submitted, 10 11 /s/ Patrick Buelna__ PATRICK BUELNA 12 Attorney for Plaintiff SHERRY GRAFF 13 14 DATED: February 19, 2020 Respectfully submitted, 15 16 /s/ Katelyn M. Knight KATELYN M. KNIGHT 17 Deputy City Attorney 18 Attorneys for Defendants, CITY OF VALLEJO and BRIAN MURPHY 19 20 21 _____________________________________________________________________________ 22 ORDER 23 Defendants’ motion to stay, ECF No. 12, is hereby denied as MOOT. 24 IT IS SO ORDERED. 25 DATED: March 3, 2020. 26 27 28