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2:12-cv-00887 #50

2:12-cv-00887 #50

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Published by Equality Case Files
Doc #50 - Minute Order denying BLAG's motion to stay the case.
Doc #50 - Minute Order denying BLAG's motion to stay the case.

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Published by: Equality Case Files on Aug 03, 2012
Copyright:Attribution Non-commercial


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Case No.CV 12-0887 CBM (AJWx)DateAugust 3, 2012Title
Tracey Cooper-Harris and Maggie Cooper-Harris v. United States of America
Present: TheHonorableCONSUELO B. MARSHALLJoseph M. LevarioN/ADeputy ClerkCourt Reporter / RecordeAttorneys Present for Plaintiff:Attorneys Present for Defendants: N/AN/A
IN CHAMBERS/OFF THE RECORD The matter before the Court is Intervenor-Defendant the Bipartisan Legal Advisory Group of theU.S. House of Representatives’s (“Advisory Group”) Motion to Stay Proceedings. [Docket No. 39.]The Advisory Group seeks to stay all proceedings in this case pending the ruling of the United StatesCourt of Appeals for the Ninth Circuit in
Golinksi v. U.S. Office of Personnel Management,
 Nos.12-15388 & 12-15079, including any ruling by that Court on any timely-filed petition for rehearing or  petition for rehearing en banc.“[T]he power to stay proceedings is incidental to the power inherent in every court to control thedisposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”
 Landis v. N. Am. Co
., 299 U.S. 248, 254 (1936). Determining whether a stay is appropriaterequires the “exercise of judgment, which must weigh competing interests and maintain an even balance.”
, 299 U.S. at 254-55. Three factors should be considered in granting a stay: 1) damagethat could result from granting the stay; 2) hardship that may result if the stay is denied; and 3)following an “orderly course of justice” measured in the simplification or complication of “issues, proof,and questions of law” that may result from a stay being granted.
 Lockyer v. Mirant Corp.
, 398 F.3d 1098, 1110 (9th Cir. 2005). “[I]f there is even a fair possibility that the stay… will work damage tosome one else” the moving party must make a “clear case of hardship or inequity.”
, 299 U.S. at255. “A stay should not be granted unless it appears likely the other proceedings will be concluded within a reasonable time in relation to the urgency of the claims presented to the court.”
, 398F.3d at 1110 (quoting
 Leyva v. Certified Grocers of California, Ltd.
, 593 F.2d 857, 863-64 (9th Cir.1979)).
CV-90 (10/08)
Page 1 of 2
Case 2:12-cv-00887-CBM-AJW Document 50 Filed 08/03/12 Page 1 of 2 Page ID #:673

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