Free Order - District Court of Arizona - Arizona

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On October 28, 2005, the Court denied Defendants' Motion For Reconsideration and 18 granted its Alternative Motion To Certify For Interlocutory Appeal (Doc. #124). In a follow19 up opinion issued November 18, 2005 (Doc. #137), the Court set forth three reasons 20 warranting certification for appeal: (1) that the appeal involves controlling questions of law 21 (2) about which there are substantial grounds for a difference of opinion, and (3) an 22 immediate appeal will materially advance the outcome of the litigation. For these same 23 reasons, the Court now finds that a stay of proceedings is in the best interest of the parties 24 and judicial economy. The "power to stay proceedings is incidental to the power inherent 25 in every court to control the disposition of the causes on its docket with economy of time and 26 effort for itself, for counsel, and for litigants." Landis v. N. Am. Co., 299 U.S. 248, 254 27 28
Case 2:04-cv-00424-ROS Document 139 Filed 11/21/2005 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

) ) ) Plaintiff, ) ) vs. ) ) H O N E Y W E L L R E T I R E M E N T) ) EARNINGS PLAN, et al., ) ) Defendant. ) ) BARBARA ALLEN, et al.,

No. 04-0424-PHX-ROS ORDER

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(1936); Clinton v. Jones, 520 U.S. 681, 706 (1997) ("The district court has broad discretion to stay proceedings as an incident to its power to control its own docket."). Accordingly, IT IS ORDERED that upon Defendants' filing of a notice of appeal with this Court, all proceedings will be stayed until the Ninth Circuit rules upon the issues certified for appeal or upon further notice of the Court.

DATED this 21st day of November, 2005.

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