Anoruo v. Shinseki

Filing 33

ORDER Denying 25 Motion to Stay Proceedings Pending Appeal. Signed by Magistrate Judge George Foley, Jr on 1/8/13. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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JOSEPH CHIDI ANORUO,

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Plaintiff,
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vs.
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ERIK K. SHINSEKI,
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Defendant.
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__________________________________________)

Case No. 2:12-cv-01190-JCM-GWF
ORDER
Motion to Stay Proceedings (#25)

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This matter comes before the Court on Plaintiff Joseph Anoruo’s (“Plaintiff”) Motion to

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Stay Proceedings (#25), filed on December 6, 2012. Defendant Erik Shinseki filed a timely

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Opposition (#26) on December 12, 2012.

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Plaintiff filed a Notice of Appeal (#20) to the Ninth Circuit regarding this Court’s Orders

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(#16, #19) (“Orders”) on November 6, 2012. Plaintiff then filed the instant Motion to stay this case

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pending the appeal. The Ninth Circuit subsequently dismissed Plaintiff’s Notice of Appeal on

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December 12, 2012. See Doc. #29. Plaintiff filed the proper Motion to Reconsider the Orders

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(#31) on December 19, 2012.

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Plaintiff carries a “heavy burden” of making a “strong showing” that a stay is warranted in

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this case. See Turner Broadcasting, Inc. v. Tracinda Corp., 175 F.R.D. 554, 556 (D. Nev. 1997).

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Plaintiff’s appeal was not properly before the Ninth Circuit. See Doc. #29; See also Chacon v.

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Babcock, 640 F.2d 221, 222 (9 th Cir. 1981) (holding an order is not appealable unless it disposes

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of all claims as to all parties). Furthermore, the discovery cutoff in this case is not until July 1,

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2013. See Scheduling Order, Doc. #30. Therefore, the Court finds Plaintiff has not made a

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showing sufficient to warrant a stay of proceedings in this case. Accordingly,

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IT IS HEREBY ORDERED that Plaintiff’s Motion to Stay Proceedings Pending Appeal
(#25) is denied.
DATED this 8th day of January, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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