Crocker v. City of South Lake Tahoe ( 2022 )

|}poRTER | SCOTT 2 |] A PROFESSIONAL CORPORATION Carl L. Fessenden, SBN 161494 3 || Matthew W. Gross, SBN 324007 350 University Avenue, Suite 200 4 Sacramento, California 95825 5 TEL: 916.929.1481 FAX: 916.927.3706 6 || cfessenden@porterscott.com mgross@porterscott.com 7 Attorneys for Defendant g CITY OF SOUTH LAKE TAHOE 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 BENJAMIN CROCKER, Case No.: 2:22-cv-01099-JAM-AC 13 Plaintiff, STIPULATION OF THE PARTIES TO STAY 14 CIVIL ACTION PENDING RESOLUTION OF vs. CRIMINAL MATTER; ORDER 15 CITY OF SOUTH LAKE TAHOE, ZACHARY 16 || WIENS, JASON NIXON, JONATHAN FAC Filed: 7/9/22 TODEREAN and DOES 1-50, inclusive, M Defendants 18 19 20 Plaintiff Benjamin Crocker (‘Plaintiff’) 1s a defendant in a criminal proceeding in the Superior Cot 9 of California, County of El Dorado, Case Number 22-CR-0245, that arise from the same facts □□□□□□□□□ 53 Plaintiff's Complaint in this civil action. When a plaintiffs civil claims arise from the same set of fac 34 implicated in a pending criminal proceeding, it is common practice “to stay the civil action until the crimin 35 case or the likelihood of a criminal case is ended.” Wallace v. Kato, 549 U.S. 384, 393-94 (2007). In lig of the pending criminal proceedings, each of the parties agrees, and does hereby stipulate, to an indefini 7 stay of this civil action until the criminal case is ended. Plaintiff shall advise the Court, by filing □ 28 {02778712,.DOCX} STIPULATION OF THE PARTIES TO STAY CIVIL ACTION PENDING RESOLUTION OF CRIMINAL MATTER; ORDER 1 appropriate motion or stipulation, when the criminal case is ended. The parties agree that Defendants City 2 of South Lake Tahoe, Zachary Wiens, Jason Nixon, and Jonathan Toderean shall have 28 days following 3 the filing of Plaintiff’s appropriate motion or stipulation, to file a responsive pleading to Plaintiff’s 4 Complaint. 5 6 Dated: August 25, 2022 PORTER SCOTT A PROFESSIONAL CORPORATION 7 8 By: /s/ Matthew W. Gross 9 Carl L. Fessenden Matthew W. Gross 10 Attorneys for Defendant 11 CITY OF SOUTH LAKE TAHOE 12 13 Dated: August 25, 2022 The Law Office of Gustavo Magana 14 By _/s/ Gustavo Magana_____________________ 15 Gustavo Magana 16 Attorney for Plaintiff BENJAMIN CROCKER 17 18 19 20 21 22 23 24 25 26 27 28 {02778712.DOCX} 1 2 3 ORDER 4 Based upon the Stipulation of the Parties to Stay the Civil Action Pending Resolution of the 5 Criminal Matter submitted by the parties and good cause being shown, IT IS HEREBY ORDERED 6 THAT: 7 1. This matter is stayed pending resolution of the criminal matter; and 8 2. Defendants shall file a responsive pleading within 28 days after Plaintiff informs the Court that 9 the criminal matter has been resolved. 10 11 IT IS SO ORDERED. 12 13 Dated: August 25, 2022 /s/ John A. Mendez 14 THE HONORABLE JOHN A. MENDEZ 15 SENIOR UNITED STATES DISTRICT JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 {02778712.DOCX}