Equal Employment Opportunity Commission v. JBS USA, LLC

Filing 279

MINUTE ORDER granting 275 Unopposed Motion For Stay and Request for Expedited Ruling. This case is stayed pending Congress' approval of agency appropriations. All deadlines in this case that occur during the government shutdown are extended to after the shutdown, each for the same number of days as the duration of the government shutdown. By Magistrate Judge Kristen L. Mix on 10/1/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 10-cv-02103-PAB-KLM
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION,
Plaintiff,
and
IRAQ ABADE, et al.,
Plaintiffs-Intervenors,
v.
JBS USA, LLC, d/b/a JBS Swift & Company,
Defendant.
_____________________________________________________________________
MINUTE ORDER
______________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff EEOC’s Unopposed Motion For Stay
and Request for Expedited Ruling [Docket No. 275; Filed September 30, 2013] (the
“Motion”). In the Motion, Plaintiff requests an order staying the case “for the duration of any
government shutdown due to lapse in agency appropriations” and for an extension of “all
deadlines which occur during the government shutdown for the same time period as the
shutdown.” Motion [#275] at 2.
The Court has the discretion to stay proceedings, because the power to stay is
“incidental to the power inherent in every court to control the disposition of the causes on
its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis
v. N. Am. Co., 299 U.S. 248, 254 (1936)). “How this can best be done calls for the exercise
of judgment, which must weigh competing interests and maintain an even balance.” Id. at
254-55. The Federal Rules of Civil Procedure do not expressly provide for a stay of
proceedings; however, Rule 26(c) does permit the court, upon a showing of good cause,
to “protect a party or person from annoyance, embarrassment, oppression, or undue
burden or expense.” Fed. R. Civ. P. 26(c). Here, the Court finds that the government
shutdown resulting in a lapse of funding for government agencies, including Plaintiff,
establishes good cause for a stay of this case for the duration of the government shutdown
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and an extension of any deadlines which occur during the shutdown. Accordingly,
IT IS HEREBY ORDERED that the Motion [#275] is GRANTED.
IT IS FURTHER ORDERED that the case is STAYED pending Congress’ approval
of agency appropriations.
IT IS FURTHER ORDERED that all deadlines in this case that occur during the
government shutdown are extended to after the shutdown, each for the same number of
days as the duration of the government shutdown.
Dated: October 1, 2013

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