Graff v. City of Vallejo

1 RANDY J. RISNER Interim City Attorney, SBN 172552 BY: KATELYN M. KNIGHT Deputy City Attorney, SBN 264573 CITY OF VALLEJO, City Hall Santa Clara Street, 3rd Floor Vallejo, CA 94590 Tel: (707) 648-4545 Fax: (707) 648-4687 Email: [email protected] Attorneys for Defendants CITY OF VALLEJO and BRIAN MURPHY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION SHERRY GRAFF, an individual Case No. 2:18-cv-02848-KJM-CKD Plaintiff, STIPULATION AND ORDER TO STAY 12 CASE PENDING RESOLUTION OF vs. CRIMINAL ACTION CITY OF VALLEJO, a municipal corporation; BRIAM MURPHY as an individual and in his official capacity as a police officer for the VALLEJO POLICE DEPARTMENT; and DOES 1-50, inclusive, 17 Defendant.

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 in violation of Penal Code § 148(a)(1) and being under the influence of a controlled substance in violation of Health & Safety Code § 11550(a) in connection with her arrest on April 24, 2018, 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 against Defendants under Heck v. Humphrey, 512 U.S. 477 (1994); 26 WHEREAS California Government Code § 945.3 precludes Plaintiff from litigating her claims under State law against Officer Murphy and the City of Vallejo while the criminal case is pending; 1 WHEREAS Defendants filed a contested motion for stay on August 8, 2019, which was 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 that a stay is appropriate; 5 IT IS HEREBY STIPULATED by and between the parties to this action through their counsel that this case be stayed pending resolution of criminal proceedings against Plaintiff Sherry Graff currently pending in Solano County Superior Court.

9 DATED: February 19, 2020 Respectfully submitted,

11 /s/ Patrick Buelna__ PATRICK BUELNA 12 Attorney for Plaintiff SHERRY GRAFF

DATED: February 19, 2020 Respectfully submitted, 16 /s/ Katelyn M. Knight KATELYN M. KNIGHT Deputy City Attorney 18 Attorneys for Defendants, CITY OF VALLEJO and BRIAN MURPHY _____________________________________________________________________________ 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.