D.C. v. County of San Diego et al

Filing 97

ORDER Granting 96 Joint Motion to Stay Action Pending Resolution of Plaintiff's Petition for Writ of Certiorari. Weighing the competing interests, the Court GRANTS the parties' joint motion and STAYS this action pending a resolution of Plaintiff's Petition. The Court ORDERS that the parties submit a joint status report within 5 days of the Petition's resolution. Signed by Judge Michael M. Anello on 4/2/2020. (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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D.C., a minor by and through his
Guardian Ad Litem, HELEN GARTER,
on behalf of himself and all others
similarly situated,

Case No. 15-cv-1868-MMA (NLS)
ORDER GRANTING JOINT
MOTION TO STAY ACTION
PENDING RESOLUTION OF
PLAINTIFF’S PETITION FOR
WRIT OF CERTIORARI

Plaintiff,

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v.

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COUNTY OF SAN DIEGO; JESSIE
POLINSKY CHILDREN'S CENTER; and
SAN DIEGO COUNTY HEALTH AND
HUMAN SERVICES AGENCY,

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Defendants.

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[Doc. No. 96]

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The parties jointly move to stay this action pending a resolution of Plaintiff’s

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forthcoming Petition to the United States Supreme Court for a Writ of Certiorari of this

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Court’s order denying class certification (“Petition”). See Doc. No. 96. Weighing the

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competing interests, the Court GRANTS the parties’ joint motion and STAYS this action

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pending a resolution of Plaintiff’s Petition. See Lockyer v. Mirant Corp., 398 F.3d 1098,

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1109 (9th Cir. 2005) (“A district court has discretionary power to stay proceedings in its

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own court . . . .”); id. at 1110 (listing the “competing interests” weighed when deciding

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15-cv-1868-MMA (NLS)

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whether to issue a stay). The Court ORDERS that the parties submit a joint status report

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within 5 days of the Petition’s resolution.

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IT IS SO ORDERED.

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Dated: April 2, 2020

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15-cv-1868-MMA (NLS)