IO Group, Inc., v. Does 1-50 Inclusive

Filing 28

ORDER STAYING PROCEEDINGS AS TO DEFENDANT TIFFANY KENT. Signed by Judge Elizabeth D. Laporte on 5/24/2011. (Attachments: # 1 proof of service as to kent)(cgk, COURT STAFF) (Filed on 5/24/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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IO GROUP INC,
Plaintiff,

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United States District Court
For the Northern District of California

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No. C-10-04378 EDL
ORDER STAYING PROCEEDINGS AS
TO DEFENDANT TIFFANY KENT

v.
DOES 1-50,
Defendant.

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On May 20, 2011, the Court received a letter dated May 17, 2011 from the Legal Assistance

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Office of the Department of the Army stating that Defendant Tiffany Kent is currently serving in the

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active military service in the 513th Military Intelligence Brigade at Fort Gordon, GA. According to

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the May 17, 2011 letter, Defendant Kent requests a ninety-day stay of these proceedings against her

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because her military service materially affects her ability to appear and participate in these

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proceedings and because leave is not ordinarily granted on such short notice for the amount of time

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required for Defendant to attend to this matter. See 50 U.S.C. Appx. § 522 (“At any stage before

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final judgment in a civil action or proceeding in which a servicemember described in subsection (a)

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is a party, the court may on its own motion and shall, upon application by the servicemember, stay

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the action for a period of not less than ninety days, if the conditions in paragraph (2) are met. [¶] (2)

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Conditions for stay. An application for a stay under paragraph (1) shall include the following: (A) A

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letter or other communication setting forth facts stating the manner in which current military duty

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requirements materially affect the servicemember's ability to appear and stating a date when the

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servicemember will be available to appear. (B) A letter or other communication from the

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servicemember's commanding officer stating that the servicemember's current military duty prevents
appearance and that military leave is not authorized for the servicemember at the time of the

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letter.”). The May 17, 2011 letter satisfies the requirements of 50 U.S.C. Appx. § 522(b).

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Therefore, the Court stays these proceedings with respect to Defendant Kent for ninety days from

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the date of this Order.

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IT IS SO ORDERED.

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Dated: May 24, 2011
ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
For the Northern District of California

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