Summary
The United States District Court for the Eastern District of California grants Defendants’ unopposed motion to stay Elvin Hamilton’s § 1983 and state-law action pending resolution of a related criminal case. The court also vacates the scheduling conference and requires periodic joint status reports every 120 days and within 14 days after the criminal case concludes.
Holdings
- A court may stay civil proceedings pending independent judicial proceedings when the applicable balancing factors support a stay, including the potential damage from the stay, hardship or inequity from proceeding, and the orderly course of justice.
Questions Presented
- Whether the court should stay the civil proceedings pending resolution of the related state criminal case.
- Whether the stay would promote orderly litigation by simplifying issues concerning Plaintiff's Fifth Amendment right against self-incrimination.
Disposition
other
Cases Cited (5)
- Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936)(followed)
- CMAX v. Hall, 300 F.2d 265, 268 (9th Cir. 1962)(followed)
- Mediterranean Enters., Inc. v. Ssangyong Corp., 708 F.2d 1458, 1465 (9th Cir. 1983)(followed)
- Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000)(followed)
- People v. Hamilton, Superior Court of California, County of Kern, Case No. MM106261A(referenced)
Cited In (0)
No citing cases on record yet.
Court Document
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