Baier v. City of San Diego

Opinion

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 SOUTHERN DISTRICT OF CALIFORNIA 11 12 EDWARD BAIER, Case No.: 24-cv-00893-AJB-VET

13 Plaintiff, ORDER GRANTING JOINT 14 v. MOTION FOR STAY PENDING RESOLUTION OF CRIMINAL CASE 15 CITY OF SAN DIEGO, et al.,

16 Defendants. (Doc. No. 40) 17 18 Before the Court is the parties’ joint motion for stay pending the resolution of a 19 misdemeanor criminal complaint against Plaintiff Edward Baier. (Doc. No. 40.) 20 In their motion, the parties explain that on June 30, 2023, the San Diego City 21 Attorney’s office filed a misdemeanor criminal complaint against Baier in San Diego 22 Superior Court. (Id. at 3.) The parties indicate the state proceedings have been moving 23 forward and that a trial has been set for some time in January or February 2026. (Id.) The 24 parties agree that the ongoing state proceedings will limit Baier’s ability to respond to 25 discovery requests in the present action, limit the scope of discovery for all Defendants, 26 and impact the parties’ ability to comply with the May 15, 2025 scheduling order (Doc. 27 No. 31). (Doc. No. 40 at 4.) The parties thus ask the Court to “stay this case, vacate the 28 scheduling order, and set a status conference on or after February 17, 2026.” (Id. at 5.) 1 The Court finds that the interests of justice require a stay of this action. See Keating 2 Ofc. of Thrift Supervision, 45 F.3d 322, 324 (9th Cir. 1995) (‘a court may decide in its 3 || discretion to stay civil proceedings ... “when the interests of justice seem ... to require 4 ||such action.”””) (quoting SEC v. Dresser Indus., 628 F.2d 1368, 1375 (D.C. Cir. 1980)). 5 Accordingly, the Court GRANTS the joint motion. 6 IT IS HEREBY ORDERED that this action is STAYED and the May 15, 2025 7 || scheduling order (Doc. No. 31) is VACATED. The Court further ORDERS the parties to 8 a status report informing the Court of the status of the state court proceedings on 9 || February 17, 2026, or within seven days of the resolution of the state court proceedings, 10 || whichever occurs first. 11 IT IS SO ORDERED. 12 Dated: October 9, 2025

14 United States District Judge 15 16 17 18 19 20 21 22 23 24 25 26 27 28