Summary
The United States District Court for the Eastern District of California granted the parties’ joint motion to stay this civil rights action pending resolution of the plaintiff’s related criminal case in Tulare County Juvenile Court. The court also vacated existing scheduling dates and deadlines and ordered the plaintiff to file status reports every ninety days and notify the court after the criminal matter concludes.
Holdings
- A stay was proper because Plaintiff's likely invocation of the Fifth Amendment, the overlap of factual issues, the interests of judicial efficiency and the public, the potential effect of the criminal case on the civil claims, and the principles underlying Younger abstention supported staying the action until the criminal matter was finally concluded.
Questions Presented
- Whether the federal civil action should be stayed pending resolution of the related state criminal prosecution.
- Whether the stay should remain in effect until the criminal matter is finally concluded and be accompanied by periodic status-report requirements.
Disposition
other
Cases Cited (11)
- Clinton v. Jones, 520 U.S. 681, 705 (1997)(followed)
- Landis v. North American Co., 299 U.S. 248, 254 (1936)(followed)
- Leyva v. Certified Grocers of Cal., Ltd., 593 F.2d 857, 863-64 (9th Cir.)(followed)
- Wallace v. Kato, 549 U.S. 384, 393-94 (2007)(followed)
- Fed. Sav. & Loan Ins. Corp. v. Molinaro, 889 F.2d 899, 902-03 (9th Cir.)(followed)
- Keating v. Office of Thrift Supervision, 45 F.3d 322, 324-25 (9th Cir.)(followed)
- Taylor, Bean & Whitaker Mortg. Corp. v. Triduanum Fin., Inc., 2009 WL 2136986, at *4 (E.D. Cal. July 15, 2009)(followed)
- Acacia Corp. Mgmt., LLC v. United States, 2008 WL 2018438, at *5 (E.D. Cal. May 7, 2008)(followed)
- Heck v. Humphrey, 512 U.S. 477 (1994)(followed)
- Younger v. Harris, 401 U.S. 37, 43-54 (1971)(followed)
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Cited In (0)
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