Hartline v. National University
Filing
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ORDER DENYING 93 Motion to Stay signed by Magistrate Judge Allison Claire on 12/19/17: The last discovery motions will be heard February 21, 2018. Discovery will be completed by March 7, 2018. The last law & motion will be filed April 25, 2018. The last law & motion will be heard May 23, 2018. All other deadlines in this case will remain in full force and effect. (Kaminski, H)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DOYLE DEAN HARTLINE,
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No. 2:14-cv-00635-KJM-AC
Plaintiff,
v.
ORDER
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NATIONAL UNIVERSITY,
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Defendant.
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This matter comes before the Court on plaintiff’s motion to stay. ECF No. 93. Plaintiff is
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proceeding in this case pro se, and the matter was accordingly referred to the magistrate judge by
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E.D. Cal. R. (“Local Rule”) 302(c)(21).
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I.
MOTION AND ANALYSIS
Plaintiff moves to stay all proceedings on the grounds that he has been suffering from
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multiple medical problems since 2011, and is having eye surgery in January of 2018. ECF No. 93
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at 1-2. Defendant opposes the motion for an indefinite stay, and notes that plaintiff has not been
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participating in discovery in good faith. ECF No. 95 at 3. Instead of a stay, defendant proposes a
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30 day extension of the discovery deadlines so that discovery can be completed. Id.
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A district court has the ability to stay proceedings, or stop action in a case, as part of its
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inherent power to “control the disposition of the causes on its docket with economy of time and
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effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).
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To decide if a stay is appropriate, courts weigh competing interests, including: (1) the possible
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damage which may result from the granting of a stay; (2) the hardship or inequity which a party
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may suffer in being required to go forward; and (3) the orderly course of justice measured in
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terms of simplifying or complicating of issues, proof, and questions of law which could be
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expected to result from a stay. CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir.1962) (citing
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Landis, 299 U.S. at 254–55).
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Here, plaintiff’s general medical issues have been in existence since before this case
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began and do not justify a stay of the entire case. ECF No. 93 at 1 (noting Mr. Hartline’s health
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problems have been an issue since 2011). However, in light of plaintiff’s upcoming eye surgery
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and defendant’s agreement that an extension of the discovery deadline is necessary, the court will
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modify the case schedule as indicated below.
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III. CONCLUSION
The court orders as follows:
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1. Plaintiff’s motion to stay is DENIED;
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2. Good cause appearing, the court modifies the Scheduling Order, ECF No. 89, as follows:
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a. The last discovery motions will be heard February 21, 2018;
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b. Discovery will be completed by March 7, 2018;
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c. The last law & motion will be filed April 25, 2018;
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d. The last law & motion will be heard May 23, 2018; and
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e. All other deadlines in this case will remain in full force and effect.
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IT IS SO ORDERED.
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DATED: December 19, 2017
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