e.Digital Corporation v. Lite-On IT Corporation et al

Filing 13

ORDER Continuing all Deadlines in Lieu of a Stay. The Court denies the parties' 12 motion to stay the proceedings and continues all deadlines until April 28, 2014. Signed by Judge Marilyn L. Huff on 3/24/2014. (knb)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 E.DIGITAL CORPORATION, vs. CASE NO. 14-cv-92-H-BGS Plaintiff, LITE-ON SALES IT CORPORATION; and LITE-ON SALES AND DISTRIBUTION, INC., ORDER CONTINUING ALL DEADLINES IN LIEU OF A STAY [Doc. No. 12] Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 On January 13, 2014, Plaintiff e.Digital Corporation filed its complaint against Defendants Lite-On IT Corporation and Lite-On Sales and Distribution, Inc. (Doc. No. 1.) On March 19, 2014, Plaintiff filed a notice of settlement and unopposed, ex parte motion to stay all deadlines pending settlement. (Doc. No. 12.) The parties request a stay until April 28, 2014 to execute a settlement agreement and file a notice of voluntary dismissal. (See id. at 2.) “The District Court has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). Furthermore, “the suppliant for a stay must make out a clear case of hardship or inequity in being required to go forward. . . .” Landis v. North Am. Co., 299 U.S. 248, 255 (1936); see also Lockyer v. Mirant Corp., 398 F.3d 1098, 1112 (9th Cir. 2005) -1- 14cv92 1 (quoting Landis and holding that “being required to defend a suit, without more, does 2 not constitute a ‘clear case of hardship or inequity’ within the meaning of Landis”). 3 In lieu of a formal stay, the Court orders a limited continuance of deadlines in 4 this action for the parties to effect settlement. An extension of the case deadlines for 5 thirty-five days ensures that the proceedings will be delayed no longer than necessary. 6 Exercising its discretion, the Court denies the parties’ motion to stay the proceedings 7 and continues all deadlines until April 28, 2014. 8 IT IS SO ORDERED. 9 DATED: March 24, 2014 10 ______________________________ 11 MARILYN L. HUFF, District Judge UNITED STATES DISTRICT COURT 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 14cv92

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