Opinion
No. CIV S 07-1086 FCD KJM PS.
June 20, 2007
ORDER
Presently calendared for hearing on July 18, 2007 is plaintiff's motion to stay. The court has determined that the matter will be submitted on the papers without oral argument. See Local Rule 78-230(h).
Plaintiff moves to stay this action pending resolution of proceedings before the state court and a state administrative agency. Plaintiff initiated the instant federal action, knowing full well that the other state actions were ongoing. Plaintiff is of course free to dismiss her federal action in order to fully litigate her state proceedings. However, defendants in the instant federal action have moved to dismiss and are entitled to resolution of those motions. The court is disinclined to keep defendants on the tether in a federal action while plaintiff litigates state actions if defendants are in fact entitled to dismissal in the federal action. The briefing on defendants' motions to dismiss shall therefore proceed as set forth in the June 11, 2007 scheduling order.
Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to stay is denied.