Wight
Wight v. City of Oceanside
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 CHISHOLM S. WIGHT, Case No.: 23-cv-00540-AJB-NLS Plaintiff, ORDER DENYING WITHOUT v. PREJUDICE DEFENDANTS’ EX
PARTE APPLICATION
CITY OF OCEANSIDE, a public entity;
OCEANSIDE POLICE DEPARTMENT,
a public entity; FRED ARMIJO, an individual; DANIEL POST, an individual; 16 RYAN HEINZE, an individual; K9 OFFICER CISNEROS, an individual; and DOES 1 through 50 inclusive, 18 Defendants. 19 Presently pending before the Court is Defendants City of Oceanside, Oceanside Police Department, Fred Armijo, Daniel Post, Ryan Heinze, and K9 Officer Cisneros’s (collectively, “Defendants”) ex parte application to stay the action, or in the alternative, continue the time to file a responsive pleading. (Doc. No. 4.) Defendants argue that pursuant to Younger v. Harris, 401 U.S. 37 (1971), the Court should stay the instant action pending the outcome of the underlying state court case. (Id. at 4.) Plaintiff opposes Defendants’ ex parte…