Ortega et al v. San Diego Police Department et al

Filing 87

ORDER Staying Proceedings Pending Appeal. This action is stayed pending the resolution of the appeal. The parties shall notify this Court immediately upon the issuance of a final order resolving the appeal. Signed by Judge Larry Alan Burns on 12/8/14.(kas)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SHAKINA ORTEGA, et al.,

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CASE NO. 13cv87-LAB (JMA)
Plaintiffs,

ORDER STAYING
PROCEEDINGS PENDING
APPEAL

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vs.
SAN DIEGO POLICE DEPARTMENT, et
al.,
Defendants.

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On November 19, 2014, Defendant Jonathan McCarthy filed a Notice of Interlocutory
Appeal, appealing this Court’s November 14, 2014 denial in part of summary judgment.

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A district court may stay the action under its inherent powers to control its own docket

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and to provide efficient adjudication of the cases pending before it. Leyva v. Certified

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Grocers of California, Ltd., 593 F.2d 857, 863 (9th Cir. 1979). A stay pending the outcome

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of the appeal will likely conserve judicial resources and promote judicial consistency. See

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Lockyer v. Mirant Corp., 398 F.3d 1098, 1112 (9th Cir. 2005) (recognizing the district court’s

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ability to control its own docket, “particularly in this time of scarce judicial resources and

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crowded dockets”).

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13cv87

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Accordingly, this action is STAYED pending the resolution of the appeal. The parties

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shall notify this Court immediately upon the issuance of a final order resolving the appeal.

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IT IS SO ORDERED.

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DATED: December 8, 2014

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HONORABLE LARRY ALAN BURNS
United States District Judge

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13cv87