Louie v. Stomer Family 2000 Revocable Trust et al

Filing 95

ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2012. Plaintiff's 92 Motion for Stay of proceedings is GRANTED, and the briefing on lien claimant Elena Sadurs Motion to Set Aside the Dismissal of this case is STAYED for approximatel y six months. Clerk directed to administratively dismiss Elena Sadur's 52 Motion to Set Aside the dismissal subject to being re-instituted after the stay expires. On or before 12/14/2012, plaintiff and Elena Sadur shall file Status Reports or Joint Status Report, if possible, indicating whether a live dispute remains vis-a-vis Sadur's Motion to Set Aside Dismissal of this case. Thereafter, Court will re-institute Sadur's Motion, if necessary, and set a further Briefing Schedule in regards to that Motion. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE S. LOUIE,

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Plaintiff,

No. 2:11-cv-00108 JAM KJN PS

v.
STOMER FAMILY 2000 REVOCABLE
TRUST dba STROMER REALTY, et al.,

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Defendants.
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ORDER
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This case has been closed since December 14, 2011 (Dkt. No. 51). However,

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pending before the court is a motion to set aside the dismissal of this case filed by intervening

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non-party lien claimant, Elena Sadur (Dkt. No. 52).1 The court has required multiple rounds of

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briefing in regards to Sadur’s motion. Most recently, the court ordered plaintiff and Sadur to

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each file a supplemental brief addressing topics outlined in that order, which would assist the

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court in finally resolving the pending motion. (See Order, June 12, 2012, Dkt. No. 91.)

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On June 21, 2012, however, plaintiff filed what is essentially an ex parte request
for a stay of proceedings, which explains that plaintiff is seriously ill and cannot appropriately

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This action proceeds before the undersigned pursuant to Eastern District of California
Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1).
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respond to the court’s June 12, 2012 order (Dkt. No. 92).2 Plaintiff seeks a stay of at least six

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months in light of his impending treatment for, among other serious health problems, his recently

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diagnosed metastatic squamous cell carcinoma. Plaintiff submitted letters from three of his

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treating health professionals, including a surgical oncologist, substantiating plaintiff’s health

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maladies and the concomitant extended course of treatment to attempt to cure plaintiff’s cancer.

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Upon review of plaintiff’s request, the court stays the briefing of Sadur’s motion

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to set aside the dismissal and closure of this case. Plaintiff’s submissions support the severity of

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his illnesses and the significant and extended treatment required. Additionally, there appears to

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be no risk of prejudice to Sadur given that she is pursuing her liens in other cases where plaintiff

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is represented by counsel. (See, e.g., Louie v. Dialysis Clinic, Inc., No. 2:10-cv-02113 JAM KJN

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(E.D. Cal.).)3

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The undersigned notes that plaintiff very frequently files lawsuits in this court,

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proceeding with counsel in some cases and proceeding without counsel in others. Indeed,

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plaintiff opened a case in this court on June 20, 2012. (Louie v. City of Yuba, 2:12-cv-01643

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LKK KJN (E.D. Cal.).) Were plaintiff pursuing other claims pro se while also seeking a six-

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month stay of the briefing in this case, the undersigned would be inclined to deny plaintiff’s

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request for a stay. However, it appears that plaintiff’s only remaining open cases in this court are

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those where plaintiff is represented by counsel.

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Accordingly, IT IS HEREBY ORDERED that:

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Plaintiff’s request for a stay of proceedings (Dkt. No. 92) is granted, and

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the briefing on lien claimant Elena Sadur’s motion to set aside the dismissal of this case is stayed

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for approximately six months.

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Although the court received plaintiff’s request on June 21, 2012, that request was, for some
unknown reason, not docketed until June 27, 2012.
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In Louie v. Dialysis Clinic, Inc., plaintiff is suing the facility where he receives dialysis
treatment. Ironically, a Nephrology Social Worker from Dialysis Clinic, Inc. is one of the health
professionals who wrote a letter in support of plaintiff’s request for a stay in this case.
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The Clerk of Court is directed to administratively dismiss Elena Sadur’s

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motion to set aside the dismissal of this case (Dkt. No. 52), subject to being re-instituted after the

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stay expires.

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On or before December 14, 2012, plaintiff and Elena Sadur shall file status

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reports, or a joint status report if possible, indicating whether a live dispute remains vis-a-vis

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Sadur’s motion to set aside the dismissal of this case. Thereafter, the court will re-institute

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Sadur’s motion, if necessary, and set a further briefing schedule in regards to that motion.

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IT IS SO ORDERED.
DATED: June 28, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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