Nichols v. Fletcher

Full title: RICHARD A. NICHOLS, Plaintiff, vs. TIMOTHY FLETCHER, Defendant

Court: United States District Court, D. Utah

Date published: Apr 21, 2004

No. 2:03-CV-868 TS (D. Utah Apr. 21, 2004)

Opinion

No. 2:03-CV-868 TS

April 21, 2004

ORDER GRANTING DEFENDANT'S MOTION FOR STAY OF PROCEEDINGS DURING DEFENDANT'S MILITARY SERVICE AND ORDER OF STAY

BRIAN TED STEWART, District Judge

This matter is before the Court on Defendants' Application For Stay of Proceedings During Defendant's Military Service, which the Court deems as a Motion therefore.

Defendant Timothy Fletcher has represented to the Court, through counsel, that he has reported for active duty in the United States Army Reserve, for service in Iraq, and has provided accompanying documentation. The Soldiers and Sailors Civil Relief Act, 50 U.S.C. App. § 521, provides as follows:

At any stage thereof any action or proceeding in any court in which a person in military service is involved, either as plaintiff or defendant, during the period of such service or within sixty days thereafter may, in the discretion of the court in which it is pending, on its own motion, and shall, on application to it by such person or some person on his behalf, be stayed as provided in this Act . . ., unless, in the opinion of the court, the ability of plaintiff to prosecute the action or the defendant to conduct his defense is not materially affected by reason of his military service.

In this case, Defendant Fletcher is the only defendant named in Plaintiff's Complaint. All seven counts contained in the Complaint relate to actions allegedly undertaken by Defendant. Despite Plaintiff's response that Defendant is "trying to get out of town" because of legal cases pending against him, the Court finds that Defendant has shown good cause and that the continued litigation of this case is materially affected by Defendant's active-duty military service overseas.

Based upon the above, it is hereby

ORDERED that Defendant's Motion for Stay of Proceedings During Defendant's Military Service is GRANTED; it is further

ORDERED that his case is administratively STAYED until further notice of the Court; it is further

ORDERED that the parties must notify the Court within fourteen (14) days of any change to the status of Defendant's military service.

SO ORDERED.