Buster v. City of Vallejo

Opinion

City Attorney, SBN 178613 BY: TIMOTHY R. SMYTH Deputy City Attorney, SBN 258661 CITY OF VALLEJO, City Hall 555 Santa Clara Street, P.O. Box 3068 Vallejo, CA 94590 Tel: (707) 648-4545 Fax: (707) 648-4687 Email: timothy.smyth@cityofvallejo.net Attorneys for Defendants CITY OF VALLEJO, OFFICER KENNETH JACKSON, OFFICER ROBERT DeMARCO STANLEY GOFF (Bar No. 289564) Boardman Place Suite 2 San Francisco, CA 94103 Telephone: (415) 571-9570 Email: scraiggoff@aol.com Attorneys for Plaintiff BRIAN BUSTER

EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION BRIAN BUSTER, Case No. 2:18-cv-01860-TLN-EFB Plaintiff, STIPULATION AND ORDER TO STAY vs. CASE PENDING RESOLUTION OF C JAIT CY K SO OF N V , A OL FL FE ICJO ER, O RF OF BIC EE RR T K DE EN MN AE RT CH O

C RIMINAL ACTION and DOE VALLEJO POLICE OFFICERS 1- 25; Defendants.

IT IS HEREBY STIPULATED by and between the parties to this action through their designated counsel that City Defendants and Plaintiff Brian Buster stipulate that good cause exists for the Court to stay the present action pending resolution of criminal proceedings against Plaintiff Brian Buster currently pending in Solano County Court (Case No. VCR224537) which involves the same set of underlying facts and circumstances giving rise to this civil litigation. Good cause exists to stay this action as a conviction in the criminal action will potentially bar or limit Plaintiff’s claims in this action pursuant to Heck v. Humphrey, 512 U.S. 477 (1994). In addition, under California law Plaintiff’s claims may not be brought while a criminal case is pending pursuant to Government Code § 945.3. The parties shall notify the court within 15 days of resolution of the criminal action, or provide a brief status report updating the court by no later than March 1, 2020. DATED: November 15, 2019 Respectfully submitted,

/s/ Timothy R. Smyth TIMOTHY R. SMYTH Deputy City Attorney Attorney for Defendants, CITY OF VALLEJO, OFFICER KENNETH JACKSON, OFFICER ROBERT DeMARCO

DATED: November 15, 2019 Respectfully submitted,

/s/ Stanley Goff Attorney for Plaintiff BRIAN BUSTER

IT IS SO ORDERED:

DATED: November 18, 2019