Johnson v. Patel
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)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
Defendant seeks to stay these proceedings based on his need to work multiple jobs due to
financial struggles stemming from the COVID-19 pandemic. Mot., ECF No. 1. Plaintiff did not
file opposition. The court denies the motion to stay.
“A district court has discretionary power to stay proceedings in its own court.” Lockyer v.
Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citing Landis v. North American Co., 299
U.S. 248, 254 (1936)). In determining whether to grant a stay the court must consider “the
competing interests which will be affected by the granting or refusal to grant a stay must be
weighed.” Id. at 1110 (quoting CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)). These
interests include “the possible damage which may result from the granting of a stay, the hardship
or inequity which a party may suffer in being required to go forward, and the orderly course of
justice measured in terms of the simplifying or complicating of issues, proof, and questions of law
which could be expected to result from a stay.” Id. “[T]he suppliant for a stay must make out a
clear case of hardship or inequity in being required to go forward, if there is even a fair possibility
that the stay for which he prays will work damage to someone else.” Landis, 299 U.S. at 255.
The court understands the financial hardships the pandemic has placed on the defendant.
However, the briefing does not show clearly how the defendant will suffer hardship or inequity if
the matter goes forward, particularly now that the pandemic has begun to subside.
The court sets a status conference regarding trial setting for September 2, 2021 at
This order resolves ECF No. 100.
IT IS SO ORDERED.
DATED: July 15, 2021.
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