Phillips 66 Company v. George et al

Filing 37

MEMORANDUM AND ORDER denying 30 Motion to Stay Case and Extend Case Deadlines. Signed by Magistrate Judge Gerald L. Rushfelt on 1/23/2018. (hl)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
PHILLIPS 66 COMPANY,
Plaintiff,
v.

Case No. 16-CV-2814-JAR-GLR

DAVID GEORGE, et al.,
Defendants.

MEMORANDUM AND ORDER
Before the Court is Defendant Gregory Gustin’s Motion to Stay Case and Extend Case
Deadlines (ECF 30). Plaintiff did not oppose the motion. For the reasons set forth below,
however, the Court denies the motion.
Defendant filed his motion on October 16, 2017. It states he has discharged his counsel
and intends to represent himself. As reason for the stay, Defendant states he is a non-lawyer, is
attempting to negotiate a settlement with Plaintiff, and is preparing to represent himself if
settlement negotiations are unsuccessful.
“In deciding to stay proceedings indefinitely, a trial court must first identify a pressing
need for the stay. The court must then balance interests favoring a stay against interests frustrated
by the action.” Cherokee Nation of Oklahoma v. United States, 124 F.3d 1413, 1416 (Fed. Cir.
1997). The Court must keep in mind its “paramount obligation to exercise jurisdiction timely in
cases properly before it.” Id. In this case, Defendant has shown no pressing need for an indefinite
stay. That he is now representing himself does not provide a pressing need to justify an indefinite
stay.
Further, Plaintiff has informed the Court that Defendant has responded to all of its
discovery requests. At this time, the only remaining deadlines are the Final Pretrial Conference

(March 1, 2018) and the dispositive motion deadline (March 15, 2018). No party has requested
that these deadlines be extended. Therefore, the Court denies the motion in its entirety. Plaintiff
shall provide the Court with a proposed Final Pretrial Order by February 22, 2018.
IT IS THEREFORE ORDERED BY THE COURT that Defendant Gregory Gustin’s
Motion to Stay Case and Extend Case Deadlines (ECF 30) is denied.
Dated January 23, 2018, at Kansas City, Kansas.
S/ Gerald L. Rushfelt
Gerald L. Rushfelt
U.S. Magistrate Judge

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