California Department of Toxic Substances Control et al v. Jim Dobbas, Inc. et al

Filing 255

ORDER signed by Senior Judge William B. Shubb on 02/25/20 STAYING case; VACATING 03/02/20 status conference. (Benson, A.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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CALIFORNIA DEPARTMENT OF TOXIC
SUBSTANCES CONTROL and the TOXIC
SUBSTANCES CONTROL ACCOUNT,
Plaintiffs,

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No. 2:14-CV-00595 WBS EFB

ORDER RE: MOTION TO STAY

v.
JIM DOBBAS, INC. a California
corporation; CONTINENTAL RAIL,
INC., a Delaware corporation;
DAVID VAN OVER, individually;
PACIFIC WOOD PRESERVING, a
dissolved California
corporation; WEST COAST WOOD
PRESERVING, LLC., a Nevada
limited liability company; and
COLLINS & AIKMAN PRODUCTS, LLC,
a Delaware limited liability
company,
Defendants.

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----oo0oo---Before the court is Century Indemnity Company
("Century"), Allianz Underwriters Insurance Company, Chicago
Insurance Company, and Fireman's Fund Insurance Company

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(collectively, "Allianz") and The Continental Insurance Company

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("Continental") (collectively, “Proposed Intervenors”) motion to

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temporarily stay proceedings in this court as they appeal the

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denial of their motions to intervene and vacate C&A Products’

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default.

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(Docket No. 244.)
A federal court can stay a proceeding pending the

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outcome of an interlocutory appeal.

See Nken v. Holder, 556 U.S.

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418, 421 (2009).

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the power inherent in every court to control the disposition of

The power to stay proceedings is “incidental to

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the cases on its docket with economy of time and effort for

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itself, for counsel, and for litigants.”

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229 U.S. 248, 254 (1936).

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and based on the court’s determination that minimal, if any,

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prejudice to plaintiff would result from a stay, the court will

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grant the motion to stay pending appeal.

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Landis v. N. Am. Co.,

In the interests of judicial economy

Accordingly, all proceedings in this case are hereby

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STAYED pending Proposed Intervenors’ appeal.

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Conference set for March 2, 2020 (Docket No. 239) is VACATED.

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IT IS SO ORDERED.
Dated:

February 25, 2020

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The Status