Metropolitan Life Insurance Company v. McLeod et al

Filing 12

ORDER STAYING CASE re 8 . For good cause shown, this action is stayed until 3/1/2019, at which time plaintiff MetLife shall file a status report. Status Report due by 3/1/2019. Should MetLife locate and serve defendant M.H. before 3/1/2019, it shall advise the Court in writing within ten (10) days of service. So Ordered by Magistrate Judge Cheryl L. Pollak on 5/15/2018. (Blase, Brendan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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METROPOLITAN
LIFE
INSURANCE
COMPANY,
Plaintiff,
ORDER
18 CV 197 (KAM) (CLP)

-againstSTEPHEN McLEOD, LINDA JOHNSON,
and M.H., a minor,
Defendants.
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POLLAK, United States Magistrate Judge:

In connection with its motion to deposit funds into the Court’s registry, plaintiff
Metropolitan Life Insurance Company (“MetLife”) requested that the Court stay this action for
ten months. (See Pl.’s Mot. at 2, May 3, 2018, ECF No. 8). In support of its request, MetLife
explains that defendant M.H., who is currently a minor, will turn 18 in that time, after which
MetLife expects to be able to locate his contact information and to serve him. (Id.)
“The power to stay proceedings is incidental to the power inherent in every court to
control the disposition pf the causes on its docket with economy of time and effort for itself, for
counsel, and for litigants.” Thomas v. N.Y.C. Dep’t of Ed., No. 09 CV 5167, 2010 WL
3709923, at *2 (E.D.N.Y. Sept. 14, 2010) (quoting Landis v. N. Am. Co., 299 U.S. 248, 254
(1936)). A party seeking to stay proceedings bears the burden of demonstrating good cause for
the stay. See id.; see also Fed. R. Civ. P. 26(c) (codifying the “good cause” standard with respect
to a stay of discovery). In this case, plaintiff’s inability to locate defendant M.H. while he
remains a minor constitutes good cause. The request is therefore granted.

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This action is Ordered stayed until March 1, 2019, at which time plaintiff MetLife shall
file a status report. Should MetLife locate and serve M.H. before that time, it shall advise the
Court in writing within ten days of service.
The Clerk is directed to send copies of this Order to the parties either electronically
through the Electronic Case Filing (ECF) system or by mail.
SO ORDERED.
Dated: Brooklyn, New York
May 15, 2018

/s/ Cheryl L. Pollak
Cheryl L. Po
United State

k
agistrate Judge

Eastern District of New York

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