The opinion
1 VCiEtyR AOtNtoIrCneAy ,A S.BFN. N 1E4B00B0 1
2 BY: KRISTOFFER S. JACOB
Assistant City Attorney, SBN 320286
3 CITY OF VALLEJO, City Hall
555 Santa Clara Street, Third Floor
4 Vallejo, CA 94590
Tel: (707) 648-4545
5 Fax: (707) 648-4687
Email: Kristoffer.Jacob@cityofvallejo.net
6
Attorneys for Defendants CITY OF VALLEJO,
7 JASON TA and JODI BROWN
8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
10 JAMAL COLTER, an individual; Case No. 2:25-cv-01104-AC
KELLYANNE COLTER, an individual; and
11 ROBERT BAKER, an individual,
STIPULATION AND ORDER TO STAY
12 Plaintiffs, CASE PENDING RESOLUTION OF
CRIMINAL ACTION
13 v.
14 CITY OF VALLEJO, a municipal
corporation; JASON TA, in his official
15 capacity as CHIEF OF POLICE for the
CITY OF VALLEJO; JODI BROWN, in her
16 individual capacity as a law enforcement
officer for the CITY OF VALLEJO; and
17 DOES 1-25 in their individual capacity as law
enforcement officers for the CITY OF
18 VALLEJO, inclusive,
19 Defendants.
20
21 IT IS HEREBY STIPULATED by and between Plaintiffs JAMAL COLTER, an
22 individual; KELLYANNE COLTER, an individual; and ROBERT BAKER, an individual
23 (“Plaintiffs”), and Defendants CITY OF VALLEJO, a municipal corporation; JASON TA, in his
24 official capacity as CHIEF OF POLICE for the CITY OF VALLEJO; JODI BROWN, in her
25 individual capacity as a law enforcement officer for the CITY OF VALLEJO (“Defendants”),
26 referred to collectively as the “Parties,” by and through their designated counsel that:
27 WHEREAS, this case arises from a series of incidents involving multiple encounters
28 between Plaintiffs and officers from the Vallejo Police Department ("VPD");
1 WHEREAS, the District Attorney brought multiple charges against Plaintiff Robert
2 Baker in connection with his encounter with VPD officers, which case is currently pending in the
3 Solano County Superior Court, Case No. F24-02463;
4 WHEREAS, Plaintiffs’ claims against Defendants in the underlying civil action rely in
5 part on Plaintiff Baker’s encounter with VPD officers that resulted in the criminal charges now
6 pending in the Solano County Superior Court;
7 WHEREAS, a conviction in the criminal case may bar some or all of Plaintiffs’ claims
8 against Defendants under Heck v. Humphrey, 512 U.S. 477 (1994);
9 WHEREAS, California Government Code section 945.3 precludes Plaintiffs from
10 litigating their claims under state law against the individually named and Doe officers and the
11 City of Vallejo while the criminal case is pending;
12 WHEREAS, the Parties believe that a stay is appropriate; and
13 WHEREAS, the Parties will notify the Court within thirty (30) days of the resolution of
14 the underlying criminal case.
15 IT IS HEREBY STIPULATED, by and between the Parties to this action through their
16 counsel that this case be stayed pending resolution of criminal proceedings against Plaintiff
17 Robert Baker currently pending in the Superior Court of Solano County.
18 Respectfully submitted,
19 DATED: July 14, 2025 /s/ Kristoffer S. Jacob
Kristoffer S. Jacob
20 Assistant City Attorney
Attorney for Defendants
21 CITY OF VALLEJO, JASON TA and
JODI BROWN
22
23 NOLD LAW
24 DATED: July 14, 2025 /s/ Melissa C. Nold (as authorized on 07/14/2025)
Melissa C. Nold
25 Attorney for Plaintiffs
JAMAL COLTER, KELLYANNE COLTER and
26 ROBERT BAKER
27
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1 ORDER
2 Pursuant to the stipulation of the Parties and good cause appearing, Colter v. City of
3 Vallejo, Case No. 2:25-cv-01104-AC is stayed pending the resolution of People v. Baker, Case
4 No. F24-02463. The Parties are ordered to notify the Court within thirty (30) days of the
5 resolution of the underlying criminal case.
6 IT IS SO ORDERED.
7
8 DATED: July 15, 2025 ~
9 Httven— Lhar—e_
ALLISON CLAIRE
10 UNITED STATES MAGISTRATE JUDGE
1]
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3 STIP AND ORDER TO STAY CASE