(PS) Johnson v. Patel ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Scott Johnson, No. 2:14-cv-02052-KJM-DB 12 Plaintiff, ORDER 13 v. 14 Mike Patel, 1S Defendant. 16 17 Defendant seeks to stay these proceedings based on his need to work multiple jobs due to 18 | financial struggles stemming from the COVID-19 pandemic. Mot., ECF No. 1. Plaintiff did not 19 | file opposition. The court denies the motion to stay. 20 “A district court has discretionary power to stay proceedings in its own court.” Lockyer v. 21 | Mirant Corp., 398 F.3d 1098, 1109 (9th Cir. 2005) (citing Landis v. North American Co., 299 22 | U.S. 248, 254 (1936)). In determining whether to grant a stay the court must consider “the 23 | competing interests which will be affected by the granting or refusal to grant a stay must be 24 | weighed.” /d. at 1110 (quoting CMAX, Inc. v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)). These 25 | interests include “the possible damage which may result from the granting of a stay, the hardship 26 | or inequity which a party may suffer in being required to go forward, and the orderly course of 27 | justice measured in terms of the simplifying or complicating of issues, proof, and questions of law 28 | which could be expected to result from a stay.” Jd. “[T]he suppliant for a stay must make out a 1 | clear case of hardship or inequity in being required to go forward, if there is even a fair possibility 2 | that the stay for which he prays will work damage to someone else.” Landis, 299 U.S. at 255. 3 The court understands the financial hardships the pandemic has placed on the defendant. 4 | However, the briefing does not show clearly how the defendant will suffer hardship or inequity if 5 | the matter goes forward, particularly now that the pandemic has begun to subside. 6 The court sets a status conference regarding trial setting for September 2, 2021 at 7 | 2:30 PM. 8 This order resolves ECF No. 100. 9 IT IS SO ORDERED. 10 DATED: July 15, 2021. 1 ee CHIEF ED STATES DISTRICT JUDGE 45