Waltz v. United States of America Department of Agriculture et al

Filing 75

ORDER STAYING This Action Pending Consideration of Petition for Certiorari. ORDER DIRECTING The Parties to Inform the Court Upon Learning of Denial of the Petition for Certiorari. ORDER DIRECTING the Parties to Participate in, and Plaintiff to Arrange, a Telephonic Status Conference Concerning the Petition for Certiorari and the Motion to Dismiss. TELEPHONIC Status Conference set for 2/23/2010 at 09:30 AM in Courtroom 7 (SMS) before Judge Sandra M. Snyder. signed by Judge Sandra M. Snyder on 10/19/2009. (Herman, H)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 BESSIE IRENE WALTZ, 10 11 12 13 14 15 16 17 18 19 20 21 22 Plaintiff is proceeding with a civil action in this Court. Date: February 23, 2010 Time: 9:30 a.m. ) ) Plaintiff, ) v. ) ) UNITED STATES OF AMERICA ) DEPARTMENT OF AGRICULTURE, et ) al., ) ) Defendants. ) ) ) 1:07-cv-1691-SMS ORDER STAYING THIS ACTION PENDING CONSIDERATION OF PETITION FOR CERTIORARI ORDER DIRECTING THE PARTIES TO INFORM THE COURT UPON LEARNING OF DENIAL OF THE PETITION FOR CERTIORARI ORDER DIRECTING THE PARTIES TO PARTICIPATE IN, AND PLAINTIFF TO ARRANGE, A TELEPHONIC STATUS CONFERENCE CONCERNING THE PETITION FOR CERTIORARI AND THE MOTION TO DISMISS 23 The matter has been referred to the Magistrate Judge for all 24 proceedings, including the entry of final judgment, pursuant to 25 28 U.S.C. 636(c), Fed. R. Civ. P. 73(b), and Local Rule 73-301. 26 Pending before the Court is Defendant's motion to dismiss the 27 action. Participating in a telephonic status conference 28 concerning the motion that was held at 9:35 a.m. on October 19, 1 1 2009, were James J. Banks for Plaintiff and Ernest Robert Wright 2 of the United States Attorney's Office. 3 4 I. Stay of the Action The Court notes that a petition for writ of certiorari has 5 been filed in the United States Supreme Court with respect to 6 Marley v. United States, 567 F.3d 1030 (9th Cir. 2009), a decision 7 that is on point and dispositive with respect to at least some of 8 the issues raised in Defendant's motion to dismiss. In the 9 interest of the efficient administration of justice, the Court 10 exercises its discretion to stay the instant action pending 11 determination of the petition for writ of certiorari. 12 The parties and their counsel ARE DIRECTED to inform the 13 Court upon learning that the petition for certiorari has been 14 denied. 15 The parties ARE DIRECTED to participate in a telephonic 16 status conference to be held on February 23, 2010, at 9:30 a.m. 17 Plaintiff's counsel IS DIRECTED to arrange a conference call with 18 the other parties and direct it to Frances Robles at (559) 49919 5690 at the appointed time. 20 IT IS SO ORDERED. 21 Dated: 22 23 24 25 26 27 28 2 October 19, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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