Opinion
CIVIL ACTION NO. 15-5809 SECTION A(4)
02-26-2016
BARRY PENNISON ET AL. v. JAMES HENRY, ET AL.
ORDER AND REASONS
Before the Court is a Motion to Stay Pending Administrative Review (Rec. Doc. 42) filed by Plaintiffs. The motion, set for submission on February 24, 2016, is before the Court on the briefs without oral argument. Defendant United States opposes the motion.
A district court has the inherent power to stay any matter pending before it in the interest of justice and "economy of time and effort for itself, for counsel and for litigants." Dresser v. Ohio Hempery, Inc., 98-2425, 2004 WL 464895, at *2 (E.D. La. Mar. 8, 2004) (Judge Vance) (citing Laitram Machinery, Inc. v. Carnitech A/S, 908 F. Supp. 384, 387 (E.D. La. 1995)). A court may stay an action, pending resolution of independent proceedings which bear upon the case, regardless of whether the parallel proceedings are "judicial, administrative, or arbitral in character." Id. (quoting Mediterranean Enterprises, Inc. v. Ssangyong Corp., 708 F.2d 1458, 1465 (9th Cir. 1983)). The rule does not require that the issues in the other proceedings are necessarily controlling of the action before this Court. Id. (citing Mediterranean Enterprises, Inc., 708 F.2d at 1465).
This Court finds that staying this matter is an appropriate use of its inherent power to stay. Thus, this matter is hereby stayed pending the outcome of the administrative review of the jeopardy assessments made by the Internal Revenue Service.
Accordingly, IT IS ORDERED that the Motion to Stay Pending Administrative Review (Rec. Doc. 42) is GRANTED;
IT IS FURTHER ORDERED that this matter is STAYED.
February 26, 2016
/s/_________
JUDGE JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE