La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump
- Proceeding
- district
- Area
- civil
- Panel
- Malcolm F. Marsh (author)
Analysis
The parties jointly requested to vacate a scheduled preliminary injunction hearing and stay the case pending a presidential review of border wall legality. The court granted the request, vacated the hearing, and stayed the matter.
| What the court decided | The model |
|---|---|
Vacate the March 25, 2021 preliminary injunction hearing“the Court finds good cause to GRANT the parties’ request to VACATE the March 25, 2021 hearing on Plaintiffs’ preliminary injunction motion.” | agree with court The court found good cause based on the parties' joint status report. Vacating a hearing upon joint request is a standard procedural management decision. |
Stay the matter pending completion of the review of the legality of the border wall“the Court GRANTS the parties’ joint request to stay the matter pending completion of the ongoing review of the legality of the border wall as ordered by President Joseph Biden in his recent Proclamation pausing border wall funding and construction.” | agree with court The court relied on its inherent powers to control the disposition of cases in the interests of efficiency, citing Landis v. North American Co. The stay is tied to an executive action (Presidential Proclamation) that directly impacts the subject matter of the litigation (border wall funding/construction). This is a discretionary procedural ruling. |
The order itself: sound — The order is a standard procedural ruling granting a joint request to stay and vacate a hearing. It correctly cites the foundational case for inherent stay authority (Landis). The reasoning is sufficient for a procedural order of this nature, as it identifies the basis for the stay (ongoing executive review) and the source of authority (inherent powers/efficiency).
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 LA POSTA BAND OF DIEGUENO Case No.: 3:20-cv-01552-AJB-MSB MISSION INDIANS OF THE 12 LA POSTA RESERVATION, ORDER GRANTING JOINT 13 Plaintiffs, REQUEST TO STAY AND VACATE MARCH 25, 2021 PRELIMINARY 14 v. INJUNCTION HEARING 15 JOSEPH R. BIDEN JR., et al., Defendants. (Doc. No. 77) 16 17 On March 5, 2021, the parties jointly filed a status report addressing further 18 developments in this case. (Doc. No. 77.) After review of the parties’ joint status report, 19 the Court finds good cause to GRANT the parties’ request to VACATE the March 25, 20 2021 hearing on Plaintiffs’ preliminary injunction motion. Furthermore, pursuant to this 21 Court’s inherent powers to control the disposition of its cases in the interests of efficiency, 22 the Court GRANTS the parties’ joint request to stay the matter pending completion of the 23 ongoing review of the legality of the border wall as ordered by President Joseph Biden in 24 his recent Proclamation pausing border wall funding and construction. See Landis v. N. 25 Am. Co., 299 U.S. 248, 254 (1936). 26 Thus, the Court hereby ORDERS: (1) the March 25, 2021 preliminary injunction 27 hearing VACATED, (2) the matter STAYED pending completion of the review process, 28 1 (3) the parties to file a joint status report no later than April 23, 2021, apprising the 2 Court as to any material developments. 3 4 IT IS SO ORDERED. 5 6 || Dated: March 9, 2021 8 United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28