Opinion

Peters v. Board of Directors of Raytown Consolidated School District No. 2

Court
District Court, W.D. Missouri
Filed
Dec 6, 2018
Cited by
0 cases
Authority
More cited than 24.3%

holding district court has the “inherent power” to stay litigation “to control its docket, conserve judicial resources, and provide for a just determination of the cases pending before it.”

How later courts described this case

  • holding district court has the “inherent power” to stay litigation “to control its docket, conserve judicial resources, and provide for a just determination of the cases pending before it.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION

M.P., a minor, by her next friend, )

MARQUITA PETERS, and )

MARQUITA PETERS, individually, )

)

Plaintiffs, )

)

v. ) No. 4:18-CV-0816-DGK

)

BOARD OF DIRECTORS OF RAYTOWN )

CONSOLIDATED SCHOOL )

DISTRICT NO. 2, et al., )

)

Defendants. )

ORDER GRANTING MOTION TO STAY

This lawsuit alleges Defendants’ long-term suspension of M.P. for physically threatening

the school soccer coach violated M.P.’s constitutional rights as a student at the school.

Now before the Court is Plaintiffs’ Motion to Stay Court Proceedings (Doc. 8). Plaintiffs

request the stay because the attorney who filed this case in state court, Clinton Adams, is not

admitted to practice in the United States District Court for the Western District of Missouri, and

Plaintiffs need additional time to hire counsel who can represent them in federal court.

“[T]he 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.” Landis v. North Am. Co., 299 U.S. 248, 254 (1936); Contracting Nw.,

Inc. v. City of Fredericksburg, 713 F.2d 382, 387 (8th Cir. 1983) (holding district court has the

“inherent power” to stay litigation “to control its docket, conserve judicial resources, and provide

for a just determination of the cases pending before it.”). But a stay should be entered only where

such a stay would be a proper exercise of the court’s discretion, Rhines v. Weber, 544 U.S. 269,

276 (2005), and the proponent bears the burden of establishing the need for a stay. Nken v. Holder,

556 U.S. 418, 433-34 (2009).

The Court holds Plaintiffs have shown good cause for a stay. The motion is GRANTED.

Plaintiffs are given until January 14, 2019, to find new counsel. If new counsel has not entered an

appearance by this time, Plaintiffs may have to proceed pro se, that is, represent themselves, or the

Court may dismiss this case without prejudice.

IT IS SO ORDERED.

Date: December 6, 2018 /s/ Greg Kays

GREG KAYS, JUDGE

UNITED STATES DISTRICT COURT

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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