Incredible Investments Limited v. Parlato et al

Filing 166

ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE STAYED. Signed by Hon. Jeremiah J. McCarthy on 3/9/12. (DAZ)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
_______________________________________
INCREDIBLE INVESTMENTS LIMITED,
Plaintiff,

ORDER TO SHOW CAUSE
WHY THIS ACTION SHOULD
NOT BE STAYED

v.
09-CV-00576-JTC-JJM
FRANK PARLATO, JR., et al.,
Defendants.
_______________________________________
“It is well-settled that a district court has discretionary power to stay proceedings
pursuant to its inherent power to control its docket . . . . Indeed, the Court may, in the interests of
justice, stay proceedings sua sponte.” City of New York v. Gutlove & Shirvint, Inc., 2008 WL
4862697, *1 (E.D.N.Y. 2008).
Although I had previously denied (without prejudice to renewal) defendants’
motion to dismiss this action in favor of the pending state action [94, 107, 108, 128], I had not
been asked to stay the action. Particularly in light of recent developments (including the filing of
a “Second Amended Verified Answer with Affirmative Defenses and Counterclaims” in state
court on January 11, 2012), it seems to me that a stay may now be appropriate. See Annotation:
“Stay of Action in Federal Court Until Determination of Similar Action Pending in State Court”,
5 A.L.R. Fed. 10.
Therefore, in addition to the issues scheduled for oral argument on March 14,
2012, the parties should also be prepared to address at that time why this action should not be
stayed pending the conclusion of the state litigation, in view of the substantial overlap in issues
and parties in the two actions. If so inclined, the parties may also address this issue in writing on

or before March 14, 2012 at noon. If necessary, post-argument submissions on that issue may
also be allowed.

SO ORDERED
Dated: March 9, 2012

/s/ Jeremiah J. McCarthy
JEREMIAH J. MCCARTHY
United States Magistrate Judge

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