Bates et al v. Schwarzenegger et al

Filing 11

ORDER Staying Case, signed by Magistrate Judge Stanley A. Boone on 01/22/15. CASE STAYED. (Gonzalez, R)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 BATES, et al., Plaintiffs, 12 13 Case No. 1:14-cv-02085-LJO-SAB ORDER STAYING ACTION v. 14 ARNOLD SCHWARZENEGGER, et al., 15 Defendants. 16 17 Plaintiffs filed this action on December 29, 2014 alleging deliberate indifference to 18 conditions of confinement for being housed in an area where they contracted Valley Fever. This 19 action was referred to the magistrate judge pursuant to Local Rule 302. 20 On July 7, 2015, this action was related to Smith v. Schwarzenegger, No. 1:14-cv-00060- 21 SAB. This action appears to meet the requirements for consolidation with Smith. 22 On January 16, 2015, this Court held an informal conference with the parties in Smith 23 and found that consolidating further cases into the action at this time would further delay the 24 action. “The District Court has broad discretion to stay proceedings as an incident to its power to 25 control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). This “power to stay 26 proceedings is incidental to the power inherent in every court to control the disposition of the 27 causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” 28 Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). Here, staying the action to permit the motion 1 1 to dismiss in Smith to be decided will not dispose of any claims or defenses or deny Plaintiffs 2 any relief sought. S.E.C. v. CMKM Diamonds, Inc., 729 F.3d 1248, 1260 (9th Cir. 2013) (A 3 magistrate judge has the authority to issue a stay where the stay does not dispose of any claims or 4 defenses or deny the party any ultimate relief sought). The parties are advised that the stay of 5 this action does not affect the inmate’s right to obtain his prison records. For the reasons stated in the order issued in Smith v. Schwarzenegger, No. 1:14-cv- 6 7 00060-SAB, this Court exercises its discretion to stay this action pending resolution of the 8 motion to dismiss in Smith. Id. at ECF No. . Accordingly, IT IS HEREBY ORDERED that this 9 action is STAYED until further order of the Court. 10 11 IT IS SO ORDERED. 12 Dated: January 22, 2015 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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