Gaines v. Virk et al

Filing 44

ORDER GRANTING Defendant's 43 Motion to Stay Proceedings signed by Magistrate Judge Jennifer L. Thurston on 11/12/2019. (Orozco, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARY LEE GAINES,

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Plaintiff,

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1:16-cv-01689-LJO-JLT (PC)
ORDER GRANTING DEFENDANT’S
MOTION TO STAY PROCEEDINGS

v.
(Doc. 43)
OFFICER BEAVER,

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Defendant.

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Defendant Beaver requests that the Court stay the proceedings in this action until the

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Court rules on its concurrently filed motion for an order requiring Plaintiff to post security

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pursuant to Local Rule 151(b). (Doc. 43.) According to Local Rule 151(b), “[t]he provisions of

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Title 3A, part 2, of the California Code of Civil Procedure, relating to vexatious litigants, are …

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adopted as a procedural Rule of this Court.” Under Title 3a, when a motion for an order requiring

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a plaintiff to post security is filed before trial, the litigation is automatically stayed. Cal. Civ.

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Proc. Code § 391.6. In addition, the moving defendant need not plead until 10 days after the

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motion is denied or, if granted, until 10 days after the security has been provided. Id.

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Accordingly, Defendant also requests that the Court vacate the deadline to file a responsive

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pleading to Plaintiff’s complaint.

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///

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///

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Based on the foregoing, the Court ORDERS:

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1. Defendant’s motion to stay the proceedings in this case, (Doc. 43), is GRANTED.

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This case is STAYED until the Court rules on Defendant’s motion for an order

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requiring Plaintiff to post security, (Doc. 42).

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2. The deadline for Defendant to file a responsive pleading to Plaintiff’s complaint is

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VACATED, to be reset, if appropriate.

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IT IS SO ORDERED.
Dated:

November 12, 2019

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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