Austin v. Kemper Independence Insurance Company (2167877)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 GEORGE JARVIS AUSTIN, Case No. 24-cv-01120-EMC (EMC) Plaintiffs, y. ORDER STAYING CASE KEMPER INDEPENDENCE INSURANCE COMPANY (2167877), et al., Defendants. ° The Court may stay proceedings in the interests of judicial efficiency and fairness. Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he power to stay proceedings is incidental to the power inherent in every court to control disposition of the cases on its docket with economy of E time and effort for itself, for counsel, and for litigants.”). Such a stay may be considered sua sponte. See, e.g., Ali v. Trump, 241 F. Supp. 3d 1147, 1152 (W.D. Wash. 2017) (citing Fed. Home S Loan Mortg. Corp. v. Kama, 2016 WL 922780, at *8-9 (D. Haw. Mar. 9, 2016); S.E.C. v. Chestman, 861 F.2d 49, 50 (2d Cir. 1988)). In evaluating a stay, the Court considers factors enumerated by Landis: (1) hardship from the stay; (2) hardship in going forward; and (3) the = orderly course of justice. …