The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
KENNETH JOHNSON CIVIL ACTION
VERSUS NO. 20-2703
STATE OF LOUISIANA, ET AL. SECTION: “G”
ORDER AND REASONS
Pending before the Court is “Plaintiff’s Motion to Stay Proceedings for 90 Days” filed by
Plaintiff Kenneth Johnson (“Plaintiff”).1 In the instant motion, Plaintiff requests a 90 day stay of
this action because “the Louisiana Supreme Court has ordered [Plaintiff’s counsel to] inactive
status to practice law for a period commending June 1 through August 30, 2021.”2 Defendants
Judge Christopher Boudreax, Kristine Russell, Allie Fournet, Craig Webre, Nicholas Pepper,
Lafourche Parish School Board, Richmond Boyd, and Kaina Boyd do not oppose Plaintiff’s
request for a 90-day stay.3
In Landis v. North American Co., the Supreme Court recognized that “the power to stay
proceedings is incidental to the power inherent in every court to control the disposition of the
causes on its docket with economy of time and effort for itself, for counsel, and for litigants.”4 The
Supreme Court noted that “how this can best be done calls for the exercise of judgment, which
1 Rec. Doc. 75. Upon motion by Plaintiff, the instant motion was expedited and noticed for submission on
June 2, 2021.
2 Rec. Doc. 75-1.
3 See Rec. Docs. 79, 80.
4 299 U.S. 248, 254 (1936).
must weigh competing interests and maintain an even balance.”° Therefore, a district court has
“discretionary power to stay proceedings before it in the control of its docket and in the interests
of justice.”® Furthermore, a district court may exercise this discretionary power sua sponte.!
Here, the Court finds that a 90-day stay is appropriate because the Louisiana Supreme
Court has ordered that Plaintiffs counsel is suspended from the practice of law for one year and
one day, and that “all but ninety days of this suspension shall be deferred, subject to the condition
that, before being reinstated from the active period of this suspension, [Plaintiffs counsel] shall
produce evidence to this court that she is in compliance” with certain conditions prescribed by the
Louisiana Supreme Court.® In addition, Plaintiff’s counsel will be granted an additional 30 days
to be reinstated to the practice of law. Accordingly,
IT IS HEREBY ORDERED that the instant motion to stay is GRANTED. The above-
captioned action is STAYED and ADMINISTRATIVELY CLOSED for a period of 120 days.
IT IS FURTHER ORDERED that a status conference is scheduled for October 6, 2021
at 3:00 PM.
NEW ORLEANS, LOUISIANA, this 2nd _ day of June, 2021.
NANNETTE J | ETTE BROWN
CHIEF JUDGE
UNITED STATES DISTRICT COURT
5 Id. at 254-55.
6 McKnight v. Blanchard, 667 F.2d 477, 479 (Sth Cir. 1982).
7 See Begum v. Miner, 213 F.3d 639, at *1 n.1 (citing Murphy v. Uncle Ben’s, Inc., 168 F.3d 734, 737 n. 1
(Sth Cir.1999) (“we have held that the district court may sua sponte stay a suit as a form of abstention.”’)
® Rec. Doc. 80-1 at 13-14.