Lee v. United States Of America

Filing 29

ORDER REGARDING PLAINTIFF'S MOTION TO STAY PROCEEDINGS. Responses due by 2/8/2013. Replies due by 2/15/2013. Motion Hearing set for 3/1/2013 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White.. Signed by Judge JEFFREY S. WHITE on 1/14/13. (jjoS, COURT STAFF) (Filed on 1/14/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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THEODORE F. LEE,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 12-04526 JSW

v.
UNITED STATES OF AMERICA,

ORDER REGARDING
PLAINTIFF’S MOTION TO STAY
ALL PROCEEDINGS

Defendant.
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Now before the Court is the motion to stay all proceedings in this action until January

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23, 2013 filed by Plaintiff Theodore F. Lee (“Plaintiff”). The Court finds that this matter is

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appropriate for disposition without oral argument and it is hereby deemed submitted. See Civ.

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L.R. 7-1(b). Accordingly, the hearing set for January 18, 2013 is HEREBY VACATED.

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Having carefully reviewed the parties’ papers and considered their arguments and the relevant

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legal authority, and good cause appearing, the Court hereby GRANTS IN PART and DENIES

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IN PART Plaintiff’s motion to stay.

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The Court is only issuing a temporary stay with respect to the proceedings in this action.

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This is an action to quash a formal document request. In his motion for a stay, in addition to

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moving to stay proceedings in this action, Plaintiff also requests the Court stay any summons

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enforcement proceedings. This additional request is beyond the scope of this action. Plaintiff

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has not provided any authority for or basis supporting such a stay. Accordingly, the Court

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denies Plaintiff’s request to stay proceedings beyond the scope of this action.

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Although Plaintiff has already filed an opposition to Defendant’s motion to dismiss

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based on lack of jurisdiction, the Court HEREBY GRANTS an extension. Plaintiff may file an

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amended opposition by no later than February 8, 2013. If Plaintiff files an amended opposition,

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Defendant may file an amended reply by no later than February 15, 2013. The hearing on the

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motion to dismiss based on lack of jurisdiction is CONTINUED to March 1, 2013.

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IT IS SO ORDERED.

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Dated: January 14, 2013
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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