Christian Wellisch v. Pennsylvania Higher Education Assistance Agency et al

Filing 65

ORDER GRANTING 57 PLAINTIFF'S MOTION TO STAY. Signed by Judge Beth Labson Freeman. (blflc2S, COURT STAFF) (Filed on 7/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CHRISTIAN WELLISCH,
Plaintiff,

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Case No. 17-cv-00213-BLF
ORDER GRANTING MOTION TO
STAY

v.
PENNSYLVANIA HIGHER EDUCATION
ASSISTANCE AGENCY, et al.,

[Re: ECF 57]

United States District Court
Northern District of California

Defendants.
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Before the Court is Plaintiff Christian Wellisch’s motion to stay this action due to his

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military service obligations pursuant to the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C.

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§ 3932. ECF 57. On July 25, 2017, Plaintiff indicated that he will be unavailable through January

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15, 2018. ECF 63. Defendants do not oppose Plaintiff’s motion for a stay, but request guidance

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from the Court as to future proceedings and deadlines. ECF 64.

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The SCRA mandates a minimum stay of 90 days upon application by the servicemember

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that satisfies the conditions for stay. 50 U.S.C. § 3932(b)(1). The Court finds that Plaintiff’s

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application for stay sets forth sufficient facts to satisfy the requirements of section 3932(b)(2).

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Plaintiff requests an additional stay through January 15, 2018, pursuant to section 3932(d)(1) of

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the SCRA. ECF 63. The Court finds the extension to January 15, 2018 reasonable and GRANTS

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Plaintiff’s motion to stay until January 15, 2018.

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In response to Defendants’ request for guidance regarding the time to file its answer or

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other response to the amended complaint, the Court’s stay is effective immediately. Thus, if

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Defendant has not filed its responsive pleading prior to issuance of this stay, then its responsive

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pleading will be due five days after the Court lifts this stay order. If a motion to dismiss has been

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filed, then the time to respond will commence upon lifting of the stay.

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In regard to the severed claim remanded to Monterey County Superior Court, this Court
has no jurisdiction over that case or that court. This stay order pertains only to this case.
IT IS SO ORDERED.

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Dated: July 27, 2017
______________________________________
BETH LABSON FREEMAN
United States District Judge

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United States District Court
Northern District of California

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