Lowenberg v. Illinois Mutual Life Insurance Company ( 2022 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 FRANK LOWENBERG, et al., Case No. 21-cv-09739-HSG 8 Plaintiffs, ORDER DENYING MOTION TO STAY 9 Vv. Re: Dkt. No. 61 10 ILLINOIS MUTUAL LIFE INSURANCE COMPANY, Defendant. 12 13 Before the Court is Defendant’s motion to stay the case pending the resolution of a later- 14 || filed related case, Lowenberg v. Illinois Mutual Life Insurance Co., No. 4:22-cv-5329-HSG. Dkt. 3 15 || No. 61. Plaintiff opposes the motion. See Dkt. No. 62. The Court finds that this matter is a 16 || appropriate for disposition without oral argument and the matter is deemed submitted. See Civil 3 17 L.R. 7-1(b). Under the United States Supreme Court’s Landis decision, a district court has 18 || “discretionary power to stay proceedings in its own court.” Lockyer v. Mirant Corp., 398 F.3d 19 1098, 1109 (9th Cir. 2005) (citing Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)). Having 20 || reviewed the parties’ arguments, the Court finds no persuasive basis for staying this first-filed case 21 (which was filed a year ago, has survived a motion to dismiss, and has a motions deadline and trial 22 || date in place). The Court thus DENIES the motion. Dkt. No. 61. This order terminates the 23 || administrative motion to advance the hearing. Dkt. No. 63. 24 IT IS SO ORDERED. 25 || Dated: 12/15/2022 26 Abpupred 5 Mbt 7 HAYWOOD S. GILLIAM, JR. United States District Judge 28