Stein v. Craver, Jr. et al

Filing 11

ORDER Denying 10 Joint Motion to Stay Consolidated Derivative Action. Defendants shall respond to the Consolidated Derivative Complaint within 30 days of the filing of this Order. Signed by Judge Roger T. Benitez on 12/4/2015.(knb)

1
2
3
4
5
6
7
8
9
10

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
IN RE EDISON INTERNATIONAL
DERIVATIVE LITIGATION

11
12
13

This Document Relates To:
ALL ACTIONS.

14
15

)
)
)
)
)
)
)
)
)
)
)
)
)

Lead Case No. 15CV1581 BEN (KSC)
(Derivative Action)
ORDER DENYING JOINT MOTION
TO STAY CONSOLIDATED
DERIVATIVE ACTION
[Docket No. 10]

16
17

The parties have filed a Joint Motion to Stay this case until the Court rules on

18

anticipated motions to dismiss in a related Securities Class Action, Eng v. Edison

19

International, Case No. 15cv1478. The parties specifically request this stay extend

20

until the Court denies or grants the anticipated motions to dismiss with prejudice and

21

without leave to amend.

22

The Court declines to issue the stay. “[T]he power to stay proceedings is

23

incidental to the power inherent in every court to control the disposition of the causes

24

on its docket with economy of time and effort for itself, for counsel, and for

25

litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). Assuming motions to

26

dismiss are filed in the Securities Class Action, those motions will not be heard until

27

March 7, 2016. In addition, if those motions are granted with leave to amend, as is

28

often the case, the stay would be extended even further for briefing on motions to
15CV1581

1

dismiss an amended complaint that would likely follow. This case would potentially

2

be pending for a year before making any progress toward its resolution.

3

The Joint Motion to Stay is DENIED. Defendants shall respond to the

4

Consolidated Derivative Complaint within 30 days of the filing of this Order.

5

IT IS SO ORDERED.

6
7

Dated: December 4, 2015

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
15CV1581