Lull

Lull v. County of Sacramento

Good Law
United States District Court, Eastern District of CaliforniaMay 1, 20202:20-cv-00165California531 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER LULL, No. 2:20-cv-00165-KJM-CKD PS Plaintiff, v. ORDER TO SHOW CAUSE COUNTY OF SACRAMENTO et al., Defendants. 16 Presently before the court is defendants’ motion to dismiss. (ECF No. 12.) Plaintiff has filed an opposition, and defendants have filed a reply. (ECF Nos. 14, 15.) Defendants make multiple arguments as to why dismissal is proper but, in the alternative, request that this matter be stayed until a summary judgment motion in the related case is resolved. (See ECF No. 12.) District courts have the inherent power to stay a lawsuit. Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936). If an independent and related case is pending, in certain circumstances federal courts may stay the instant suit while the independent proceeding moves forward. Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066 (9th Cir. 2007); Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, 863…

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