Olvera v. Commissioner of Social Security

Filing 14

ORDER GRANTING 13 Motion to Stay, signed by Magistrate Judge Jennifer L. Thurston on 10/10/2013. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DANIEL HERNANDEZ OLVERA,
Plaintiff,

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v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No.: 1:13-cv-00515 - JLT
ORDER GRANTING DEFENDANT’S MOTION
TO STAY
(Doc. 13)

Counsel for Defendant Commissioner of Social Security requests a stay in this action “until

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Congress has restored appropriations.” (Doc. 13). As counsel notes, “the Appropriations Act that had

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been funding the Department of Justice expired and appropriations to the Department lapsed” on

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September 30, 2013. (Doc. 13 at 1). As a result, “Department of Justice attorneys and employees of

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the Social Security Administration are prohibited from working, even on a voluntary basis, except in

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very limited circumstances, including ‘emergencies involving the safety of human life or the protection

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of property.’” Id. at 2 (quoting 31 U.S.C. § 1342).

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The Supreme Court explained the “power to stay proceedings is incidental to the power inherent

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in every court to control the disposition of the causes on its docket with economy of time and effort for

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itself, for counsel, and for litigants.” Landis v. North American Co., 299 U.S. 248, 254-255 (1936). To

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evaluate whether to stay an action, the Court must the weigh competing interests that will be affected

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by the grant or refusal to grant a stay. CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962). Among
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these competing interests are: (1) the possible damage which may result from the granting of a stay; (2)

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the hardship or inequity which a party may suffer in being required to go forward; and (3) the orderly

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course of justice measured in terms of simplifying or complicating of issues, proof, and questions of

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law which could be expected to result from a stay. Id. (citing Landis, 299 U.S. at 254-55)).

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The party seeking a stay “bears the burden of establishing its need.” Clinton v. Jones, 520 U.S.

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681, 708 (1997) (citing Landis, 299 U.S. at 255). The Supreme Court explained, “If there is even a fair

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possibility that the stay . . . will work damage to some one else,” the party seeking the stay “must make

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out a clear case of hardship or inequity.” Landis, 299 U.S. at 255. The decision whether to grant or

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deny a stay is committed to the Court’s discretion. Dependable Highway Express, Inc. v. Navigators

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Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007).
Defendant was served with the complaint in this action on June 26, 2013. (Doc. 11). Pursuant

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to the Court’s scheduling order, Defendant is to file the administrative record within 120 days of the

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date of service of the complaint, or no later than October 24, 2013. (See Doc. 9-1 at 2). However,

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counsel for Defendant is precluded from working on this action “until Congress has restored

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appropriations to both the Department of Justice and Social Security Administration.” (Doc. 13 at 2).

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Plaintiff’s counsel, Mr. Shapiro, does not oppose the entry of a stay. Id. Thus, it does not appear

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Plaintiff would suffer any damage upon the entry of a stay, and Defendant has set forth “a clear case of

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hardship” with the inability to file the administrative record, which serves as Defendant’s answer.

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Based upon the foregoing, IT IS HEREBY ORDERED:

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1.

Defendant’s motion to stay (Doc. 13) is GRANTED;

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2.

The matter is STAYED pending a resolution from Congress; and

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3.

Defendant SHALL file a status report within seven days of the restoration of funding to
the Department of Justice and Social Security Administration.

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IT IS SO ORDERED.
Dated:

October 10, 2013

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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