Opinion
Case No. 99-CV-0241-R (RBB), Consolidated with Case No. 99-CV 0283-R., 99-CV-0253-R.
April 26, 2005
JEFFREY R. EPP, City Attorney, MARK A. WAGGONER, Asst. City Attorney, OFFICE OF THE CITY ATTORNEY, Escondido, California, Attorneys for City of Escondido; Mark Wrisley; Barry Sweeney; Ralph Claytor; and Phil Anderson.
RICHARD J. SCHNEIDER, GOLNAR J. FOZI, DALEY HEFT, Solana Beach, CA, Attorneys for City of Escondido.
DENNIS A. SCHOVILLE, SCHOVILLE ARNELL, LLP, Attorneys for Plaintiffs HOUSER.
STIPULATION AND ORDER ON STAYING THE TRIAL OF THE DEFAMATION CLAIM
This stipulation is being entered into as between plaintiff AARON HOUSER and Defendants CITY OF ESCONDIDO, RALPH CLAYTOR, MARK WRISLEY, BARRY SWEENEY, and PHIL ANDERSON, (hereinafter referred to collectively as the "Parties"), by and through their counsel of record.
Whereas, defendants RALPH CLAYTOR, MARK WRISLEY, BARRY SWEENEY, and PHIL ANDERSON have filed an immediate appeal on the District Court's February 28, 2005 Order denying them qualified immunity from claims asserted by the CROWE plaintiffs;
Whereas, AARON HOUSER has a claim for defamation under State law against defendant BARRY SWEENEY;
Whereas, the ends of judicial economy and the interests of the Parties dictate that there be only one trial on the issues involved in these claims,
THE PARTIES HEREBY AGREE AND STIPULATE AS FOLLOWS:
The trial on the state law defamation claim brought by plaintiff AARON HOUSER against Defendant BARRY SWEENEY shall be stayed pending the conclusion of the Ninth Circuit Court of Appeals' review of defendants' RALPH CLAYTOR, MARK WRISLEY, BARRY SWEENEY, and PHIL ANDERSON's appeals from the denial of qualified immunity, which were filed on or about March 29, 2005, and that these defendants take no position, either in opposition or in support of, the case against NITV proceeding to trial at this time.
IT IS SO STIPULATED.
IT IS SO ORDERED.