Cadoura v. City of Riverview et al

Filing 32

ORDER granting 27 Motion to stay and administratively closing the case. Signed by District Judge Stephen J. Murphy, III. (DPer)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION RICHARD CADOURA, Case No. 2:17-cv-13360 Plaintiff, HONORABLE STEPHEN J. MURPHY, III v. CITY OF RIVERVIEW, et al., Defendants. / ORDER GRANTING PLAINTIFF'S MOTION TO STAY [27] AND ADMINISTRATIVELY CLOSING THE CASE On August 11, 2018, the Court granted in part and denied in part the Defendants' motion to dismiss. ECF 26. The Court dismissed all but one narrow Title VII count and declined to exercise supplemental jurisdiction over several state-law claims. Id. at 555– 56. The Court stated its willingness to stay the case, and permitted Plaintiff Richard Cadoura fourteen days to move for a stay of the case. Id. at 557. Cadoura elected to first pursue his state law claims and, on August 24, 2018, he filed a motion to stay the case. ECF 27. Defendants filed notices indicating that they did not oppose the motion to stay. ECF 28, 29. The authority to stay proceedings is incidental to the Court's inherent power to manage its docket. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936). In the interest of judicial economy, and to preserve the parties' resources, the Court will grant the motion to stay. WHEREFORE, it is hereby ORDERED that Plaintiff's motion to stay [27] is GRANTED. IT IS FURTHER ORDERED that the Scheduling Conference set for September 11, 2018 is CANCELED. 1 IT IS FURTHER ORDERED that the Clerk of Court shall CLOSE the case for administrative purposes only. IT IS FURTHER ORDERED that should Plaintiff decide to pursue his remaining federal claim, he must FILE a motion to reopen the case within 30 days of the termination of any state court proceedings. SO ORDERED. s/ Stephen J. Murphy, III STEPHEN J. MURPHY, III United States District Judge Dated: September 6, 2018 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 6, 2018, by electronic and/or ordinary mail. s/ David Parker Case Manager 2

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