Stuhaan v. City of Visalia et al

Filing 11

ORDER DISCHARGING 9 Order to Show Cause; ORDER GRANTING 10 Request for Stay, signed by Magistrate Judge Barbara A. McAuliffe on 10/18/16. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHN GREGORY STUHAAN,

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Plaintiff,

Case No. 1:16-cv-00901-AWI-BAM
ORDER DISCHARGING ORDER TO
SHOW CAUSE

v.
(Doc. 9)
CITY OF VISALIA, et al.,
Defendants.

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ORDER GRANTING REQUEST FOR
STAY
(Doc. 10)

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Plaintiff John Gregory Stuhaan, with the assistance of counsel, filed the instant civil rights

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action on June 22, 2016.

An Initial Scheduling Conference was set for October 5, 2016.

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Plaintiff’s counsel failed to appear at the conference. Accordingly, the Court issued an order

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directing Plaintiff’s counsel to show cause why sanctions should not be imposed for the failure to

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appear at the scheduling conference and the failure to effectuate service. (Doc. 9).

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On October 17, 2016, Plaintiff’s counsel filed a response to the Court’s show cause order.

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(Doc. 10). Counsel represents that he did not appear at the scheduling conference for two

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primary reasons: (1) there is a related criminal matter currently pending in Tulare County; and

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(2) Plaintiff’s counsel has been diagnosed with cancer, and his treatment has been aggressive and

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all encompassing, making it difficult to schedule his time. Counsel further explains that he is a

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solo practitioner and has sought help with the criminal and civil actions from two other attorneys.
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Plaintiff now requests a 90 to 120-day stay of this action pending the outcome of the criminal

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case, and for other counsel “to get up to speed if the case proceeds” and Plaintiff’s counsel

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becomes “more incapacitated.” (Doc. 10 at p. 3).

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Having considered counsels’ response, it is HEREBY ORDERED as follows:

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1. The Court’s Order to Show Cause issued on October 10, 2016, is HEREBY

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DISCHARGED and no sanctions will be imposed;

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2. Plaintiff’s request for a stay is GRANTED;

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3. This action is STAYED for 120 days during the pendency of Plaintiff’s criminal

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action; and
4. No later than February 1, 2017, Plaintiff shall file a written status report detailing the

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status of this action and the related criminal matter.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 18, 2016

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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