Castilo

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LOVETTE CASTRO, et al., No. 2:23-cv-00448 TLN CKD (PS) 12 Plaintiffs, 13 v. ORDER 14 MIGUEL CASTILLO, et al., 15 Defendants. 16 17 Plaintiffs, proceeding in this action pro se, claim that defendants infringed their band’s 18 registered trademark, the image of a dragon (“Malo mark”), to promote other groups. (ECF No. 19 1.) Before the court is defendants’ motion to dismiss this action pursuant to Rule 12(b)(6) or, in 20 the alternative, to stay the action pending resolution of an agency proceeding concerning the 21 validity of the trademark. (ECF No. 30.) Plaintiffs have filed an opposition to the motion. (ECF 22 No. 34). For the reasons set forth below, the court will grant defendants’ motion and stay this 23 action. 24 I. Legal Standard 25 “District courts have the discretion to stay proceedings pending before them.” Patton v. 26 DePuy Orthopaedics, Inc., No. 19-cv-00081, 2019 WL 851933, at *3 (C.D. Cal. Feb. 21, 2019); 27 see also Confederated Tribes &…