The opinion
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3 UNITED STATES DISTRICT COURT
4 SOUTHERN DISTRICT OF CALIFORNIA
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6 HERSCHEL YOUNGER, Case No.: 22-cv-1006-L-MSB
7 Plaintiff,
ORDER:
8 v.
(1) CONDITIONALLY GRANTING
9 CARLOS DEL TORO,
JOINT MOTION TO STAY
10 Defendant. [ECF No. 27]
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(2) DENYING WITHOUT
12 PREJUDICE JOINT MOTION TO
FILE DOCUMENTS UNDER SEAL
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[ECF No. 22]
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Plaintiff Herschel Younger (“Plaintiff”) filed a request to upgrade his discharge
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status with the Board of Corrections of Naval Records (“BCNR”) on September 8, 2017.
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(ECF No. 27, at 2.) Plaintiff based his request on the contention that the PTSD and
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PTSD-related conditions he suffered during and as a result of his service mitigate the
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circumstances which led to his “Other Than Honorable” discharge. (Id.) The BCNR
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denied his request on October 19, 2018. (Id.) After an unsuccessful request for
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consideration, Plaintiff filed this action on July 11, 2022. (Id.)
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Separate from the events leading up to this action, Plaintiff filed a request to
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upgrade his discharge status with the Department of Veterans Affairs (“VA”). (Id.) The
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VA granted this request for purposes of seeking VA benefits on April 5, 2023. (Id.)
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Following this decision, Plaintiff intends to file a renewed request for consideration. (Id.
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at 3.) The parties now jointly move to stay the proceedings in this action pending the
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resolution of the renewed request for reconsideration. (Id. at 5.)
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l “Where a court suspends proceedings in order to give preliminary deference to an
2 independent adjudicating body but further judicial proceedings are contemplated, then
3 jurisdiction should be retained by a stay of proceedings.” N. California Dist. Council of
4 || Hod Carriers, Bldg. & Const. Laborers, AFL-CIO v. Opinski, 673 F.2d 1074, 1076 (9th
5 || Cir. 1982). Accordingly, the Court GRANTS the parties’ joint motion to stay for sixty
6 || (60) days from the date this Order is filed. The parties may file a motion to extend the
7 before the stay expires, accompanied by a status report that provides justification for
8 extension.
9 Furthermore, the parties filed a joint motion to file documents under seal. (ECF
10 || No. 22.) The motion was filed in connection with impending dispositive motions. (See
11 at 6.) In light of this Order and in the absence of any pending substantive motions, the
12 || Court DENIES WITHOUT PREJUDICE the parties’ joint motion to file documents
13 under seal as premature.
14 IT IS SO ORDERED.
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16 Dated: May 24, 2023
1 fee fp
18 H . James Lorenz,
19 United States District Judge
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