Sanchez v. State of California et al

Filing 190

ORDER DENYING 186 Motion to Shorten Time and Extending Stay of Enforcement of Judgment. Signed by Magistrate Judge Stanley A. Boone on 6/23/2015. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRMA B. SANCHEZ,
Plaintiff,

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Case No. 1:12-cv-01835-SAB
ORDER DENYING MOTION TO
SHORTEN TIME AND EXTENDING STAY
OF ENFORCEMENT OF JUDGMENT

v.
STATE OF CALIFORNIA, et al.,

(ECF No. 189)

Defendants.

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On May 27, 2015, a jury trial in this action commenced. The jury returned a verdict in

18 favor of Plaintiff and against Defendants on all claims on June 10, 2015, and a punitive damage
19 award on June 11, 2015 against Defendant Smyth. On June 19, 2015, Defendants filed a motion
20 to stay enforcement of the judgment pending disposition of post-trial motions in this action and
21 an application for an order shortening time. (ECF Nos. 186-188, 189).
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Defendants seek to have the motion to stay heard prior to the expiration of the mandatory

23 thirty day stay on enforcing the original judgment. (ECF No. 189.) The Court shall deny
24 Defendants’ application for an order shortening time as the Court’s schedule does not provide for
25 an opportunity to hear the motion prior to the currently scheduled date. “The District Court has
26 broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v.
27 Jones, 520 U.S. 681, 706 (1997). “The power to stay proceedings is incidental to the power inherent
28 in every court to control the disposition of the causes on its docket with economy of time and effort

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1 for itself, for counsel, and for litigants.” Landis v. North American Co., 299 U.S. 248, 254 (1936).
2 Due to the pending motion to stay enforcement of the judgement, the Court finds good cause to
3 extend the automatic stay for enforcement of the original judgment until disposition of
4 Defendants’ motion to stay.
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Accordingly, IT IS HEREBY ORDERED that:

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1.

Defendants’ application for an order shortening time to hear the motion to stay is
DENIED;

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2.

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Defendants’ motion to stay shall be heard on July 22, 2015, at 10:00 a.m. in
Courtroom 9; and

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3.

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The automatic stay on enforcing the original judgment is extended until an order
issues resolving Defendants’ motion to stay.

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IT IS SO ORDERED.

14 Dated:

June 23, 2015
UNITED STATES MAGISTRATE JUDGE

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