Getachew v. 7-Eleven, Inc. et al

Filing 81

MINUTE ORDER denying 79 Motion to Stay. By Magistrate Judge Michael J. Watanabe on 7/12/12.(mjgsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Magistrate Judge Michael J. Watanabe
Civil Action No. 11-cv-02421-REB-MJW
ALEMAYEHU GETACHEW,
Plaintiff(s),
v.
7-ELEVEN, INC.,
Defendant(s).
MINUTE ORDER

A court’s decision to grant or deny a motion to stay is within the sound discretion
of the court. See Ben Ezra, Weinstein, & Co. v. Am. Online Inc., 206 F.3d 980, 987
(10th 2000). “When applying for a stay, a party must show ‘a clear case of hardship or
inequity’ if ‘even a fair possibility’ exists that the stay would damage another party.” Id.
(quoting Span-Eng Assocs. V. Weidner, 711 F.2d 464, 468 (10th Cir. 1985)). The court
finds that, given plaintiff’s voluminous and largely duplicative filings in this matter, any
delay will fairly damage defendant. The court further finds that plaintiff has not shown a
clear case of hardship.
Accordingly, it is hereby ORDERED that Plaintiff’s Motion to Stay (Docket No.
79) is DENIED.
Date: July 12, 2012