Johnson v. Patel

Filing 102

ORDER signed by Chief District Judge Kimberly J. Mueller on 7/15/2021 SETTING A Status Conference for 9/2/2021 at 02:30 PM in Courtroom 3 (KJM) before Chief District Judge Kimberly J. Mueller. (Mena-Sanchez, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Scott Johnson,

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No. 2:14-cv-02052-KJM-DB
Plaintiff,

ORDER

v.
Mike Patel,
Defendant.

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Defendant seeks to stay these proceedings based on his need to work multiple jobs due to

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financial struggles stemming from the COVID-19 pandemic. Mot., ECF No. 1. Plaintiff did not

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file opposition. The court denies the motion to stay.

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“A district court has discretionary power to stay proceedings in its own court.” Lockyer v.

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Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citing Landis v. North American Co., 299

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U.S. 248, 254 (1936)). In determining whether to grant a stay the court must consider “the

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competing interests which will be affected by the granting or refusal to grant a stay must be

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weighed.” Id. at 1110 (quoting CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)). These

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interests include “the possible damage which may result from the granting of a stay, the hardship

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or inequity which a party may suffer in being required to go forward, and the orderly course of

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justice measured in terms of the simplifying or complicating of issues, proof, and questions of law

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which could be expected to result from a stay.” Id. “[T]he suppliant for a stay must make out a
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clear case of hardship or inequity in being required to go forward, if there is even a fair possibility

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that the stay for which he prays will work damage to someone else.” Landis, 299 U.S. at 255.

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The court understands the financial hardships the pandemic has placed on the defendant.

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However, the briefing does not show clearly how the defendant will suffer hardship or inequity if

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the matter goes forward, particularly now that the pandemic has begun to subside.

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The court sets a status conference regarding trial setting for September 2, 2021 at
2:30 PM.

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This order resolves ECF No. 100.

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IT IS SO ORDERED.

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DATED: July 15, 2021.

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