18 Cited authorities

Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,277 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
In re Horseshoe Entertainment
337 F.3d 429 (5th Cir. 2003) Cited 558 times 2 Legal Analyses
Holding that district court abused discretion by not transferring Title VII case under § 1404
Olenhouse v. Commodity Credit Corp.
42 F.3d 1560 (10th Cir. 1994) Cited 475 times 1 Legal Analyses
Holding that summary judgment practice is "inconsistent with the standards for review of agency action under the APA" and "permits the issues on appeal to be defined by the appellee" and is an "impermissible devic[e] works to the disadvantage of the appellant"
Rivers v. Walt Disney Co.
980 F. Supp. 1358 (C.D. Cal. 1997) Cited 424 times
Holding district courts, when considering motion to stay proceedings during pendency of JPML proceeding, should consider whether parties would be prejudiced by stay or lack thereof
Robbins v. U.S. Bureau of Land Management
438 F.3d 1074 (10th Cir. 2006) Cited 118 times
Holding that "the Tucker and Little Tucker Acts 'impliedly forbid' federal courts from ordering declaratory or injunctive relief, at least in the form of specific performance, for contract claims against the government"
Walker v. Merck Co., Inc.
Case No. 05-CV-360-DRH (S.D. Ill. Jun. 22, 2005) Cited 27 times
Finding judicial economy supported stay where "it is almost certain that the transferee court will hear and decide many of the same issues Plaintiffs ask this Court to tackle in ruling on their motion to remand"
Kendall State Bank v. Fleming
CIVIL ACTION Case No. 12-CV-2134-JWL-DJW (D. Kan. Aug. 1, 2012) Cited 11 times
CIVIL ACTION Case No. 12-CV-2134-JWL-DJW 08-01-2012 KENDALL STATE BANK, Plaintiff, v. BRIAN FLEMING, JOHN J. FLEMING, III, GREGORY S. HALL, DENISE L. JERGER, T. JOHN JERGER, JR., DOUGLAS VATTER and MARGARET VATTER, Defendants. David J. Waxse MEMORANDUM AND ORDER Pending before the Court is Defendants' Motion to Stay (ECF No. 15). Defendants request that the Court stay all proceedings in this breach of guaranty action until final judgments are entered in two other actions pending before this Court
Asmann v. Dairy Farmers of America, Inc.
Civil Action No. 12-1060-KHV/DJW (D. Kan. Apr. 4, 2012) Cited 4 times
Civil Action No. 12-1060-KHV/DJW 04-04-2012 COURTNEY ASMANN, Individually and on behalf of all others similarly situated, Plaintiff, v. DAIRY FARMERS OF AMERICA, INC., and KELLER'S CREAMERY LP, Defendants. David J. Waxse MEMORANDUM AND ORDER This case comes before the Court on the Motion to Stay Proceedings Pending Transfer to the Northern District of Illinois (ECF No. 3) filed by Defendant Dairy Farmers of America, Inc. ("DFA"). Defendant DFA requests an order staying all proceedings in this action
Samson Resources Company v. J. Aron Company
Case No. 08-CV-752-TCK-SAJ (N.D. Okla. Jun. 8, 2009) Cited 6 times
Case No. 08-CV-752-TCK-SAJ. June 8, 2009 OPINION AND ORDER TERENCE KERN, District Judge Before the Court is Defendant's Motion for Protective Order Staying Discovery Pending Resolution of its Motion to Dismiss, Transfer, or Stay ("Motion to Stay Discovery") (Doc. 39), wherein Defendant requests that the Court stay discovery pending the Court's ruling on its Motion to Dismiss Or, In the Alternative, Transfer or Stay This Action ("Motion to Dismiss or Transfer") (Doc. 19). Plaintiffs object to the
Covington Specialty Ins. Co. v. Charles A. Shadid, L.L.C.
Case No. CIV-13-0183-F (W.D. Okla. Jul. 29, 2013) Cited 1 times
Case No. CIV-13-0183-F 07-29-2013 COVINGTON SPECIALTY INSURANCE COMPANY, Plaintiff, v. CHARLES A. SHADID, L.L.C., Defendant STEPHEN P. FRIOT ORDER The motion to abstain filed by defendant Charles A. Shadid, L.L.C., (Shadid) is before the court. Doc. no. 23. The motion has been fully briefed. I. Discussion The motion and briefing make clear that Shadid does not seek complete abstention resulting in dismissal of this action. Rather, Shadid seeks a stay of this federal action until final resolution
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,055 times 105 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

State of Oklahoma, The et al v. Department of the Interior et al

18 Cited authorities

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding that district court abused discretion by not transferring Title VII case under § 1404

Holding that summary judgment practice is "inconsistent with the standards for review of agency action under the APA" and "permits the issues on appeal to be defined by the appellee" and is an "impermissible devic[e] works to the disadvantage of the appellant"

Holding district courts, when considering motion to stay proceedings during pendency of JPML proceeding, should consider whether parties would be prejudiced by stay or lack thereof

Holding that "the Tucker and Little Tucker Acts 'impliedly forbid' federal courts from ordering declaratory or injunctive relief, at least in the form of specific performance, for contract claims against the government"

Finding judicial economy supported stay where "it is almost certain that the transferee court will hear and decide many of the same issues Plaintiffs ask this Court to tackle in ruling on their motion to remand"

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts