Williams v. Gyrus ACMI, LP et al

Filing 134

ORDER GRANTING AS MODIFIED MOTION FOR RECONSIDERATION. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 7/8/2016)

1
2
3

UNITED STATES DISTRICT COURT

4

NORTHERN DISTRICT OF CALIFORNIA

5

SAN JOSE DIVISION

6
PAMELA WILLIAMS,

7

Case No. 14-cv-00805-BLF

Plaintiff,
8
v.

ORDER GRANTING AS MODIFIED
MOTION FOR RECONSIDERATION

9
GYRUS ACMI, LP, et al.,

10

Defendants.

United States District Court
Northern District of California

11
12
On June 24, 2016, the Court allowed Plaintiff’s former attorney to withdraw as counsel

13
14

and denied Plaintiff’s request for a 30-day stay to retain new counsel. ECF 129. Plaintiff now asks

15

the Court to reconsider its denial of her request for a stay and seeks a 60-day stay to find counsel.

16

ECF 130. Defendants oppose, arguing that the discovery cut-off, summary judgment, and trial

17

dates are all fast approaching and contending that “[t]he ongoing turnover of Plaintiff’s counsel

18

has caused Defendants prejudice in their attempts to obtain discovery.” ECF 133 at 2. Defendants

19

also ask that, if the Court grants reconsideration, the Court clarify that the stay encompasses all

20

action in this case with the exception of Plaintiff’s search for an attorney. Id. at 4-5.
It is the Court’s intention to give all parties the opportunity to have this case tried on the

21
22

merits. In the Court’s initial denial of Plaintiff’s request, the Court erroneously recalled having

23

granted Plaintiff “numerous” stays following withdrawal of counsel. Plaintiff is correct that the

24

docket reflects only one stay in a similar circumstance. See ECF 39.1 However, the Court also

25

recognizes the burden that a 60-day stay would place upon Defendants in light of the trial

26
27
28

1

Defendants note that the Court offered to stay the case following withdrawal of Lori Costanzo as
Plaintiff’s counsel of record, but Plaintiff declined. See Dec. 10, 2015 Hearing Transcr. at 10:1825, 12:7-13:19.

1

schedule. Accordingly, the Court GRANTS Plaintiff a 30-day stay for the sole purpose of finding

2

new counsel and CONTINUES the discovery cut-off date to October 14, 2016 to mitigate any

3

prejudice to Defendants. The Court reminds all parties that no discovery or motion practice is

4

proper during the pendency of the stay.

5

IT IS SO ORDERED.

6
7
8
9

Dated: July 8, 2016
______________________________________
BETH LABSON FREEMAN
United States District Judge

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2