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Taylor, Bean & Whitaker Mortgage Corp. v. Triduanum Financial

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


July 28, 2009

TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION, PLAINTIFF,
v.
TRIDUANUM FINANCIAL, INC.; JOHNNY E. GRIVETTE, JR.; CHRISTOPHER JARED WARREN; AND SCOTT EDWARD CAVELL, DEFENDANTS.

The opinion of the court was delivered by: Frank C. Damrell, Jr. United States District Judge

ORDER

This matter is before the court on defendant Scott Edward Cavell's ("Cavell") Motion to Lift Stay for Limited Purpose to Allow Filing and Hearing of Motion to Set Aside Default and Default Judgment and to Quash Service.*fn1 Plaintiff Taylor, Bean & Whitaker Mortgage Corporation ("TBW") filed a Statement of Non-Opposition to the motion.

The court possesses the inherent power to control its own docket and calendar. Mediterranean Enterprises, Inc. v. Ssangyong Corp., 708 F.2d 1458, 1465 (9th Cir. 1983) (citations omitted).

A trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case. This rule . . . does not require that the issues in such proceedings are necessarily controlling of the action before the court.

Id. (quoting Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, 863-64 (9th Cir. 1979), cert. denied, 444 U.S. 827 (1979)).

In light of the jurisdictional issues raised by defendant Cavell's underlying motion as well plaintiff's non-opposition to the present motion, defendant Cavell's motion to lift stay for the limited purpose of filing and hearing his motion to set aside and to quash is GRANTED. Defendant Cavell shall re-file and properly notice the Motion to Set Aside the Default and the Default Judgment and to Quash Service in accordance with the Local Rules.

IT IS SO ORDERED.


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