Louie v. Stomer Family 2000 Revocable Trust et al

Filing 99

ORDER signed by Magistrate Judge Kendall J. Newman on 1/3/13 ORDERING that The stay of all proceedings in this case is CONTINUED for approximately six months. On or before 7/12/2013, Plaintiff and claimant Sadur shall file status reports, indicatin g whether a live dispute remains vis-a-vis Sadurs motion to set aside the dismissal of this case, and addressing the status of Plaintiffs health. Thereafter, the court will reinstitute Sadur's motion, if necessary, and set a further briefing schedule in regards to that motion. (Mena-Sanchez, L)

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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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On June 29, 2012, the court stayed proceedings in this case, including the briefing

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on intervening non-party lien claimant Elena Sadur’s motion to set aside the dismissal and

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closure of this case, for at least six months in light of plaintiff’s treatment for, among other

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serious health problems, metastatic squamous cell carcinoma. (Dkt. No. 95.) The court also

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required plaintiff and lien claimant Sadur to file status reports on or before December 14, 2012,

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indicating whether a live dispute remained vis-a-vis Sadur’s motion to set aside the dismissal of

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this case. (Id.)

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On December 5, 2012, lien claimant Sadur filed a status report indicating that a

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live dispute remains. (Dkt. No. 97.) Thereafter, on December 12, 2012, plaintiff filed a letter

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requesting an extension of the stay, indicating that his health still does not allow him to presently

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participate in the case. (Dkt. No. 98.) Plaintiff submitted letters from his treating oncologist and
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nephrology social worker testifying to the severity of his advanced metastatic squamous cell

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cancer and chronic kidney failure, and the associated limitation of his ability to participate in

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legal proceedings. (Id.)

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In light of this showing, the court finds it appropriate to continue the stay of

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proceedings for approximately another six months. Any prejudice to lien claimant Sadur

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resulting from a further stay is outweighed by the severity of plaintiff’s medical condition and his

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present inability to meaningfully participate and represent his interests in this case.

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Accordingly, IT IS HEREBY ORDERED that:

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The stay of all proceedings in this case is CONTINUED for approximately

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On or before July 12, 2013, plaintiff and claimant Sadur shall file status

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six months.

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reports, indicating whether a live dispute remains vis-a-vis Sadur’s motion to set aside the

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dismissal of this case, and addressing the status of plaintiff’s health. Thereafter, the court will re-

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

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motion.

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IT IS SO ORDERED.
DATE: January 3, 2013
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE

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