Collins v. Collins et al
ORDER that this case is stayed sua sponte pending a determination relating to the global settlement. ECF Nos. 255 , 261 , and 265 are denied without prejudice to Plaintiff refiling once the stay is lifted. Briefing will proceed as t o ECF No. 267 only because that motion directly concerns the parties' settlement and briefing will aid the Court in resolving the ongoing disputes. Signed by Chief Judge Miranda M. Du on 12/5/2019. (Copies have been distributed pursuant to the NEF - LH)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
Case No. 3:16-cv-00111-MMD-WGC
JOSHUA COLLINS, et al.,
The parties entered into a global settlement of three cases currently before the
Court (Case Nos. 3:17-cv-417-MMD-WGC, 3:16-cv-111-MMD-WGC and 3:18-cv-329-
MMD-CLB). (ECF No. 264.) Since the parties reached settlement, Plaintiff Ronald Collins
has filed multiple motions in this matter (ECF Nos. 265, 267, 268), including for a hearing
regarding the parties’ settlement. 1 The Court will sua sponte stay this case.
A district court has discretionary power to stay proceedings in its own court. Landis
v. N. Am. Co., 299 U.S. 248, 254–55 (1936). In deciding whether to grant a stay, the court
should consider “the possible damage which may result from the granting of a stay, the
hardship or inequity which a party may suffer in being required to go forward, and
the orderly course of justice measured in terms of the simplifying or complicating of issues,
proof, and questions of law which could be expected to result from a stay.” Lockyer v.
Mirant Corp., 398 F.3d 1098, 1110 (9th Cir. 2005) (quoting Landis, 299 U.S. at 268). The
court should also consider the judicial resources that may be saved by staying the action.
See, e.g., Pate v. DePuy Orthopaedics, Inc., No. 2:12-cv-01168-MMD-CWH, 2012 WL
3532780, at *2 (D. Nev. Aug. 14, 2012).
also moved for an extension of time to respond in opposition to
Plaintiff’s motion for a hearing (ECF No. 271), which has been granted (ECF No. 272).
The Court finds that significant resources will be saved by ordering a stay. Further,
there would be no prejudice, damage, hardship, or inequity to the parties by the Court
staying this action.
It is therefore ordered that this case is stayed sua sponte pending a determination
relating to the global settlement.
It is further ordered that ECF Nos. 255, 261, and 265 are denied without prejudice
to Plaintiff refiling once the stay is lifted. Briefing will proceed as to ECF No. 267 only
because that motion directly concerns the parties’ settlement and briefing will aid the Court
in resolving the ongoing disputes.
DATED THIS 5th day of December 2019.
MIRANDA M. DU
CHIEF UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?