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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1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 SAN JOSE DIVISION 6 7 CHRISTIAN WELLISCH, Plaintiff, 8 9 10 11 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. 12 13 Before the Court is Plaintiff Christian Wellisch’s motion to stay this action due to his 14 military service obligations pursuant to the Servicemembers Civil Relief Act (“SCRA”), 50 U.S.C. 15 § 3932. ECF 57. On July 25, 2017, Plaintiff indicated that he will be unavailable through January 16 15, 2018. ECF 63. Defendants do not oppose Plaintiff’s motion for a stay, but request guidance 17 from the Court as to future proceedings and deadlines. ECF 64. 18 The SCRA mandates a minimum stay of 90 days upon application by the servicemember 19 that satisfies the conditions for stay. 50 U.S.C. § 3932(b)(1). The Court finds that Plaintiff’s 20 application for stay sets forth sufficient facts to satisfy the requirements of section 3932(b)(2). 21 Plaintiff requests an additional stay through January 15, 2018, pursuant to section 3932(d)(1) of 22 the SCRA. ECF 63. The Court finds the extension to January 15, 2018 reasonable and GRANTS 23 Plaintiff’s motion to stay until January 15, 2018. 24 In response to Defendants’ request for guidance regarding the time to file its answer or 25 other response to the amended complaint, the Court’s stay is effective immediately. Thus, if 26 Defendant has not filed its responsive pleading prior to issuance of this stay, then its responsive 27 pleading will be due five days after the Court lifts this stay order. If a motion to dismiss has been 28 filed, then the time to respond will commence upon lifting of the stay. 1 2 3 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. 4 5 6 7 Dated: July 27, 2017 ______________________________________ BETH LABSON FREEMAN United States District Judge 8 9 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

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