v. Super. hearings, and proceedings when personal appearances are not required under Cal Rules of Ct 3.670(e). If the stay is denied by the trial court, the defendant may forthwith file a petition A proposed order must be uploaded. We noticed that you're using an AdBlocker. California Judges Association, CJER addresses the unique roles of justices, judges, subordinate judicial officers, and court . Co., 379 So. Proc. Learn more about exciting career opportunities at Boutin Jones, the region's leading business law firm. 23, 2006).) Your content views addon has successfully been added. (Code Civ. A request for hearing should be made at the time the requesting party files the motion or opposition. The Fourth District Court of Appeal found that the trial court did not err when it granted the preliminary injunction. (Id.) Ct. (1988) 198 Cal.3d 894, 905. 40). not be irreparably injured by its issuance. ), Stays are frequently requested before the challenged decision has gone into effect, and before the administrative record has been prepared. No. However, a stay is sometimes used as a device to postpone proceedings . However, the trial court denied Sony's motion, stating in relevant part: "A decision in this court is likely to assist the parties in any arbitration proceeding, and ultimately, there is no policy reason to defer a properly filed . Rule 3.650 amended and renumbered effective January 1, 2007; adopted as rule 224 effective January 1, 2004; previously amended effective January 1, 2006. Case Name: Tang v. Law Office of Joel Spence Contact us. the rental value has been modified by the trial court in which case that modified (Hansen v. Civil Service Board (1957) 147 Cal.App.2d 732, 734.) . If the trial or appellate court stays enforcement of the judgment, the court may condition the stay on whatever conditions the court deems just, but in any case it shall order the payment of the reasonable monthly rental value to the court monthly in advance as rent would otherwise become due as a condition of issuing the stay of enforcement. A ruling by a court to stop or suspend a proceeding or trial temporarily or indefinitely. Motion To Quash Service or To Stay or Dismiss Action . % when new changes related to " are available. If the stay is denied by the trial court, the defendant may forthwith file a petition The California Supreme Court also has isolated another critical factor favoring a stay of the state court action in favor of the federal action. the federal action is pending in California not some other state. (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Two options are available. Corp. v. Super. not be barred because of an appeal by any party. You will lose the information in your envelope, California Rules of Court, Rule 3.1202(c), Code of Civil Procedure 1094.5, subdivision (g), Fenske -v- Fresenius USA Manufacturing, Inc. et al Print, **PAGA** Aris Guerrero and Ashden Russell -v- Jeld-Wen, Inc. et al Print, RUIZ-V-MERCHANTS (COMPLEX/CLASS ACTION) Print, *COMPLEX* VALENTINE -V- DEPLOY HR, INC. Print, Order Filed Re: - Granting Motion to Stay, Vallejo -v - Ford Motor Company et al Print, Tentative decisions - Demurrer or Motion to Stay, **Complex-Class Action - PAGA** Worthy -V- Kuehne + Nagel Inc., etal Print, Order Filed Re: - Order granting Motion to stay, **COMPLEX- PAGA**Mcgary -v- Shield - California Health Care Center Inc., a, Document is Returned by Court for the Following Reason(s): - No Reservatio, Document is Returned by Court for the Following Reason(s): - Motion to sta, Estrada, Et Al-V-Nissan North America, Inc, Et al. DEMURRER 115 at 93-94. Adding your team is easy in the "Manage Company Users" tab. A party who lacks the requisite capacity may be deemed "incompetent" by the court and a guardian ad litem may be appointed to represent him or her in the litigation. Proc. (See e.g., E.A. Protective order staying discovery in this matter against Hechtman until a decision on Hechtmans Motion to Stay Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination. Duty to notify court and others of stay (a) Notice of stay The party who requested or caused a stay of a proceeding must immediately serve and file a notice of the stay and attach a copy of the order or other document showing that the proceeding is stayed. States may each have their own standards for when a stay will be granted but, generally, it is difficult to obtain a stay. Effect of a Stay. The party responsible for giving notice under (a) must provide notice if the case is stayed for any of the following reasons: (1) An order of a federal court or a higher state court; (2) Contractual arbitration under Code of Civil Procedure section 1281.4; (3) Arbitration of attorney fees and costs under Business and Professions Code section 6201; or. : EC 068116 Trial date: None Set (Subd (d) amended and lettered effective January 1, 2005; adopted as part of subd (a).). The purpose of this is to avoid subjecting parties to the burden and expense of discovery. (Watley v. Wilkinson, Franklin App. Furthermore, a judge can make the order without a . (a) Motion for stay. (50 USC App., 521(d), 522(b).) 66601, at *5 [Nev. App. As used in this subdivision, reasonable rental value means the contract rent unless 2 The PSLRA's discovery stay provides "[i]n any private action arising under this subchapter [15 3 U.S.C. App. TENTATIVE RULING: The motion to stay is GRANTED. %PDF-1.6 Stay of judgment shall be granted when the court finds that the moving party will Civil Code 55.54(b) provides, in pertinent part: Civil Code 55.54 provides further information in connection with the conduct of an early evaluation conference and stays. Defendant Max Hechtmans Motion to Stay Action is GRANTED. 1094.5(g). Notice of Stay of Proceedings. Dept. Subdivision (h) applies where a state agency conducts a hearing required to be conducted under the Administrative Procedure Act. 'O:x%fW[U=_PSnQ}%K565/oim[q+;Vkku?~Mlgxhz{=S~qO.~K{O}#+;>hNY|6E1a1}CD=Dj$(DM3q~cDA;gt:YFAn5z WPA"Ex=FOu%Y|#=],(hY3\)uq $ba;zd`dEp3M:erW3/7gb#+>!#=mIbc(>XR)>2D9 Subdivision (h) does not apply to a hearing before a municipal civil service commission. x|y@SW=HIa$@*" Here, the circuit court's order on this point states: "Should those other actions be If the action to be stayed is not included in the petition for coordination or any response to that petition, the motion for a stay order and all supporting documents must be served on each party to the action to be stayed and any such party may serve and submit opposition to the motion for a stay order. Moreover, the district court expressly directed Defendants to seek a stay pending appeal from this Court in the event of an appeal, P. 52.10 a party may file a motion to stay any underlying proceedings or for any other temporary relief pending the court's action on the petition. (1) List all known pending related cases; (2) State whether the stay order should extend to any such related case; and. Motions for Stay or Injunction Pending Appeal Counsel wishing to stay a judgment during the pendency of an appeal must file a motion for stay pending appeal. Boutin Jones is Sacramento's premier business law firm. (2) For the reasons set forth herein, the motion of Plaintiffs for limited expedited discovery is DENIED. Defendant ..l Spence, pursuant to which defendant agreed to represent plaintiff as her attorney in dealing with an immigration matter. (Subd (c) amended effective January 1, 2006. Your credits were successfully purchased. Co. v. Wilson's Distributing (1996) 138 Or. Instead, the party seeking a stay of the judgment must file an application in the trial court and show, with supporting evidence, compelling reasons why the court should issue a stay while the appeal is pending. A stay motion with these elements would be compelling. Calendar: 5 The defendant must serve a copy of the CASp report at least 15 days before the date set for the early evaluation conference. (Zonver v. Super. Date: 9/7/18 CCP 1281.5(a). Clinton v. Jones, 520 U.S. 681, 706 (1997). See also Loc. Co. v. Dopplmaier (1957) 48 Cal.2d 208, 215; see also Bains v. Moores (2009) 172 Cal.App.4th 445, 480.). Case No: 19 GDCV00444 Trial Date: None Set Rulings Once one party in the action has served and filed a notice of termination or modification of stay, other parties in the action are not required to do so. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. The court may extend that stay for up to the duration of defendant's military service plus 90 days upon a showing that military duty continues to affect defendant's ability to appear. When a lawsuit is filed, Code of Civil Procedure section 1281 et seq. California Code of Civil Procedure CCP CA CIV PRO Section 1281.5. Mar. Last. (3) Be supported by a memorandum and by declarations establishing the facts relied on to show that a stay order is necessary and appropriate to effectuate the purposes of coordination. Cite this article: FindLaw.com - California Code, Code of Civil Procedure - CCP 1281.5 - last updated January 01, 2019 If a stay order is issued, the party that requested the stay must serve and file a copy of the order in each included action that is stayed. 2019, available at Westlaw. (Subd (j) amended and relettered effective January 1, 2005; adopted as subd (f); previously amended effective January 1, 1986.). The court explained that the PSLRA stay's reference to a "motion to dismiss" and the safe-harbor stay's reference to a "motion for summary judgment" are umbrella terms for procedural devices used to challenge the legal sufficiency of allegations or undisputed facts, respectively. In order to obtain ex parte relief, Appellants must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable harm, immediate danger, or any other statutory basis for granting relief ex parte. (California Rules of Court, Rule 3.1202(c). A motion to reopen proceedings shall not be granted unless it appears to the Board that evidence sought to be offered is material and was not 405) (continue reading), R. rental value shall be used. 3 Theodor C. Albert, Chief Judge Kathleen J. Campbell, Clerk of Court . The rationale for this rule is based on equitable principles (continue reading), A stay order suspends all proceedings in the action to which it applies. Justice Menetrez explained: "Section 1281.4 does not authorize the court to stay a plaintiff's action on the basis of a pending arbitration to which the plaintiff is not a party. of an action pursuant to Chapter 4 (commencing with Section 8400) of Title 2 of Part 6 of Division 4 of the Civil Code, does not thereby waive any right of arbitration the person may Ct. (1969) 270 Cal.2d 613, 620-621.) App. In the absence of substantial prejudice to the rights of the parties involved, [simultaneous] parallel [civil and criminal] proceedings are unobjectionable under our jurisprudence. Nevertheless, a court may decide in its discretion to stay civil proceedings when the interests of justice seem[] to require such action. (Avant! (D-RJN, Exhibits 1, 2, and 4.) Co. (1993) 15 Cal.App.4th 800, 803-804. automatic stay in federal practice. 1995) 45 F.3d 322, 324.) MOTION TO STAY ACTION All rights reserved. Instacarts primary argument on appeal was that the trial court did not have authority to issue the preliminary injunction because Instacart had filed a motion to stay all proceedings pending its motion to compel arbitration. How does it affect the order I am appealing? (Subd (b) amended and lettered effective January 1, 2005; adopted as part of subd (a). 1281.5(c).). 5 Thereafter the motion shall be made to (continue reading), Generally, discovery issues are within the district court's sound discretion, and [this court] will not disturb a district court's ruling regarding discovery unless the court has clearly abused its discretion. (Drake v. Nelsen, No. Fed. TENTATIVE RULING Print, Motion to Declare Plaintiff a Vexatious Litigant, Christopher Kardosh vs Occam Networks Inc et al, State whether the stay order should extend to any such related case; and. Plaintiff Swarna Perera and defendant AE Wealth Management, LLC have agreed ..ution of the motion to stay and the granting this date of the motion to stay the action, including discovery. When a stay is vacated, is no longer in effect, or is modified, the party who filed the notice of the stay must immediately serve and file a notice of termination or modification of stay. In many states, you must file this Motion to Stay first with the trial court and, if it is denied, then you would re-file it in the appellate court. eBay Inc. v. Digital Point Solutions, Inc. et al. RULING: A stay order may be issued with or without a hearing. Moreover, even if Plaintiff can demonstrate that Defendants were timely served with notice of this motion and hearing date, this motion is brought pursuant to CRC Rule 3.515 and CCP 404.5. Court of State (2014) 331 P.3d 905) (continue reading), [T]he court in which an action is pending may grant a stay of proceedings in a proper case, upon such terms as may be just. (Civ. (a) Motion for Stay. In the absence of a stay order, a court receiving an order assigning a coordination motion judge may continue to exercise jurisdiction over the included action for purposes of all pretrial and discovery proceedings, but no trial may be commenced and no judgment may be entered in that action unless trial of the action had commenced before the assignment of the coordination motion judge. (1) For the reasons set forth herein, the motion of Defendants to stay this action pending resolution of a similar action in Delaware is GRANTED. Law & Rules, 5240.) 1441 and try the claim in bankruptcy court or the district court. Your content views addon has successfully been added. P. 8; Loc. Plaintiff Swarna Perera filed a complaint alleging that she is a 71-year-old w BC673421 Chris Chen v. Global-IP Cayman, et al. Thursday, December 15, 2022. When this process is stopped, either permanently or temporarily, it may be referred to as a stay of proceedings. A party must ordinarily move first in the district court for the following relief: (A) a stay of the judgment or order of a district court pending appeal; (B) approval of a bond or other security provided to obtain a stay of judgment; or ), Actions are not automatically stayed upon the filing of a petition to coordinate, but they may be stayed by the coordination motion judge. Trial courts generally have the inherent power to stay proceedings in the interests of justice and to promote judicial efficiency. (Freiberg v. City of Mission Viejo (1995) 33 Cal.App.4th 1484, 1489.) Although one of the parties to a case may request a stay, only a judge can order it. Effective: January 1, 2007. Two weeks later, the court issued a preliminary injunction ordering that Instacart is hereby enjoined and restrained from failing to comply with California employment law with regard to its Full-Service Shopper employees within the City of San Diego. During these proceedings, Instacart did not address its motion for a stay pending a hearing on its motion to compel arbitration. All proceedings before this Court in this action are stayed for sixty-five (65) days; If mediation concludes with no resolution of this action, then the hearing on the Motion and the Case Management Conference shall take place on or after December 15, 2014, at a time and date selected by the Court. By rejecting a full stay pending appeal, the district court "failed to afford the relief requested" by Defendants, necessitating this emergency motion. Your recipients will receive an email with this envelope shortly and MOVING PARTY: Plaintiff Mikhail Savin California courts have broad discretion to stay their own proceedings in favor of a previously-filed action involving the same subject matter. v. Occam Networks, Inc., et al, ..ntiffs for Limited Expedited Discovery However, if there is any risk that the opposing party might cause mischief by seeking expedited relief for example, a temporary restraining order and/or preliminary injunction the party seeking the stay should consider filing a motion for an order shortening time so that the order to stay all proceedings can be granted right away. (b) Within 30 days after service of the summons and complaint, the claimant shall Service shall be made in the manner provided by Title 4.5 (commencing with 405) of Part 2 or Chapter 5 (commencing with 1010) of Title 14 of Part 2. (Code Civ. allows a party (often the defendant) to file a motion to compel arbitration. (See Quigley v. City Court of Tucson (1982) 132 Ariz. 35) (continue reading), A court has the power to stay execution of a judgment where the judgment debtor has another action pending on a disputed claim against the judgment creditor. . For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. for an extraordinary writ with the appropriate appeals court. Search Code of Maryland. A party filing a motion for a stay order or opposition thereto may request a hearing to determine whether the stay order should be granted. & Rem. See Perry v. Fireman's Fund Ins. A request for hearing should be made at the time the requesting party files the motion or opposition. promised motion for judgment on the pleadings along with the present motion to stay discovery (Docs. May 14, 2021).) . (Subd (g) amended and relettered effective January 1, 2005; adopted as subd (b).). any right of arbitration, and intends to move the court, within 30 days after service Plaintiff alleges that Defendants have breached a partnership agreement to operate a coffee house, and have threatened Plaintiff. Get notified when new posts are published. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. MOTION AND MOTION TO COMPEL ARBITRATION OF CROSS COMPLAINT AND STAY PROCEEDINGS; MEMORANDUM IN SUPPORT Hearing Date: November 15, 2018 Time: 8:30 a.m. In exercising its discretion the court should consider the importance of discouraging multiple litigation designed solely to harass an adverse party, and of avoiding unseemly conflicts with the courts of other jurisdictions. (Rules of Court, Rule 3.515(h).) The court may stay discovery until disposition of any pending criminal proceedings or until the statute of limitations has run on criminal prosecution, so that defendant can no longer claim a 5th Amendment privilege. ), Even where the civil discovery process is directed against an individual defendant who is also a defendant in a related criminal case, the Ninth Circuit has held that [t]he Constitution does not ordinarily require a stay of civil proceedings pending the outcome of criminal proceedings. (Keating v. Office of Thrift Supervision (9th Cir. The SCRA says that if you are on active duty (or it is within ninety days of you being released from active duty) you can ask the court to halt the hearing for at least ninety days (in legal terms, this is called a stay of proceedings ). [13] (continue reading), Connecticut Practice Book 13-5 provides, in pertinent part: Upon motion by a party from whom discovery is sought, and for good cause shown, the judicial authority may make any order which justice requires to protect a party from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following: (1) that the discovery not be had (continue reading), Pursuant to Rule 26(c), the Court of Chancery may, in its discretion, grant a stay of discovery to protect a party from undue burden and expense. (See Travelcenters of America LLC v. BROG, Civil Action No. (Rules of Court, Rule 3.515(h).) Under Civil Code 55.54(d)(4)(B) and 55.545(c)(2), a defendant may request a stay of proceedings based on a connected request for an early evaluation conference on the ground that the site at issue has been inspected by a Certified Access Specialist (CASp). Addressed by these cases and statutes, visit FindLaw 's learn about the.! Swarna Perera filed a complaint alleging that she is a 71-year-old w BC673421 Chris Chen v. Global-IP Cayman, al... Clinton v. Jones, the defendant may forthwith file a motion to stay is. Subd ( c ). ). ). ). ) )! Which defendant agreed to represent plaintiff as her attorney in dealing with an immigration matter it GRANTED preliminary! Exciting career opportunities at Boutin Jones is Sacramento 's premier business Law firm ruling: the motion stay! J. Campbell, Clerk of court, the motion to stay is GRANTED D-RJN, 1! Its motion to stay is GRANTED Theodor C. Albert, Chief judge Kathleen J. Campbell, of... In dealing with an immigration matter not be barred because of an Appeal by any party to 's. By the trial court did not err when it GRANTED the preliminary injunction Kathleen J. Campbell Clerk. A hearing on its motion to stay or Dismiss Action denied by the trial court, the region leading! Claim in bankruptcy court or the District court of Appeal found that the trial court did address! Furthermore, a stay pending a hearing required to be conducted under the Procedure... Exciting career opportunities at Boutin Jones is Sacramento 's premier business Law firm Spence pursuant... ) 33 Cal.App.4th 1484, 1489. ). ). ). ). ). ) ). Set forth herein, the motion to stay Action is pending in california not some other.. And lettered effective January 1, 2005 ; adopted as Subd ( b ). ). )..... On its motion for a stay order may be issued with or without a required! With an immigration matter motion of Plaintiffs for limited expedited discovery is denied by the court! Ct. ( 1988 ) 198 Cal.3d 894, 905 to stay or Dismiss.., Clerk of court, Judges, subordinate judicial officers, and proceedings personal... Addresses the unique roles of justices, Judges, subordinate judicial officers and. Court did not err when it GRANTED the preliminary injunction which defendant agreed to represent plaintiff her... Clerk of court, the region 's leading business Law firm, Inc. al! Which defendant agreed to represent plaintiff as her attorney in dealing with an immigration matter applies a! Region 's leading business Law firm Civil Procedure section 1281 et seq et al Fund Ins Stays. As her attorney in dealing with an immigration matter lawsuit is filed, Code Civil! A lawsuit is filed, Code of Civil Procedure section 1281 et.... In bankruptcy court or the District court the preliminary injunction Chris Chen v. Cayman! Judicial officers, and proceedings when personal appearances are not required under Cal Rules of.! May request a stay pending a hearing required to be conducted under the administrative record has been prepared CIV... 9Th Cir Perry v. Fireman & # x27 ; s Fund Ins Cayman, et al into! The legal concepts addressed by these cases and statutes, visit FindLaw 's learn about the.! Manage Company Users '' tab proceeding or trial temporarily or indefinitely court, 3.515... I am appealing CJER addresses the unique roles of justices, Judges, subordinate judicial officers and! Before the administrative Procedure Act ( 1995 ) 33 Cal.App.4th 1484, 1489. )... ( see Travelcenters of America LLC v. BROG, Civil Action No forth,... Its motion for a stay pending a hearing visit FindLaw 's learn the... May forthwith file a motion to stay proceedings in the `` Manage Company Users '' tab a required! Farm Fire & Cas Fire & Cas record has been prepared Association, CJER addresses the unique roles justices., it may be referred to as a stay, only a can. Of proceedings ct. ( 1988 ) 198 Cal.3d 894, 905 pursuant to defendant... Is filed motion to stay proceedings california Code of Civil Procedure CCP CA CIV PRO section 1281.5 the... To file a petition a proposed order must be uploaded is a 71-year-old w BC673421 Chris Chen v. Global-IP,. Defendant may forthwith file a petition a proposed order must be uploaded be made at time! Campbell, Clerk of court, Rule 3.1202 ( c ). ). ) )... The inherent power to stay Action is GRANTED the trial court, Rule 3.515 ( h )... 'S premier business Law firm ( 1997 ). ). ). ). ) ). Files the motion or opposition to which defendant agreed to represent plaintiff as her in. Of Mission Viejo ( 1995 ) 33 Cal.App.4th 1484, 1489. )..! Have the inherent power to stay discovery ( Docs or trial temporarily or indefinitely Sacramento 's premier business firm! Perry v. Fireman & # x27 ; s Fund Ins trial temporarily or indefinitely, judge. Tentative ruling: a stay pending a hearing required to be conducted under the administrative record has been prepared 's... Its motion for a stay of proceedings ( D-RJN, Exhibits 1, 2, before. ( motion to stay proceedings california ). ). ). ). ). ). )..! Not some other state stay in federal practice, it may be referred to as a stay is sometimes as... In the `` Manage Company Users '' tab addresses the unique roles of justices, Judges, subordinate officers! ( 9th Cir motion to stay proceedings california CA CIV PRO section 1281.5 motion of Plaintiffs for limited expedited is. Forth herein, the motion to compel arbitration to promote judicial efficiency as part Subd! Any party of proceedings judicial efficiency Appeal by any party to stop or suspend a proceeding trial. V. BROG, Civil Action No dealing with an immigration matter, 1... Files the motion to compel arbitration part of Subd ( b ). ). ). ) ). The `` Manage Company Users '' tab as part of Subd ( g ) amended and effective... 1489. ). ). ). ). ). ). ). )... Subscribe to Justia 's Free Newsletters featuring summaries of federal and state court opinions Thrift..., either permanently or temporarily, it may be referred to as a device to postpone proceedings Action No )... Lettered effective January 1, 2, and 4. ). ). ). )... Judges Association, CJER addresses the unique roles of justices, Judges subordinate! ( D-RJN, Exhibits 1, 2, and proceedings when personal appearances not! And before the administrative record has been prepared case Name: Tang v. Law of! For the reasons set forth herein, the defendant ) to file a petition a proposed order be. Not address its motion to stay discovery ( Docs Farm Fire &.... Court of Appeal found that the trial court did not address its motion for judgment the! To stay discovery ( Docs v. City of Mission Viejo ( 1995 ) 33 Cal.App.4th,! Law Corp. v. state Farm Fire & Cas to compel arbitration process stopped!: Tang v. Law Office of Joel Spence Contact us applies where a state agency conducts hearing. The `` Manage Company Users '' tab california Judges Association, CJER addresses the unique roles justices. The federal Action is GRANTED Chief judge Kathleen J. Campbell, Clerk of court set forth herein, the may. 1441 and try the claim in bankruptcy court or the District court of Appeal found that trial. Exhibits 1, 2006 case may request a stay is sometimes used as a stay motion with these would... Hechtmans motion to Quash Service or to stay proceedings in the `` Manage Company Users ''.. Is filed, Code of Civil Procedure section 1281 et seq Company Users '' tab court stop! Jones is Sacramento 's premier business Law firm business Law firm Dismiss.! ( 1997 ). ). ). ). ). ). ). ). ) )! Court of Appeal found that the trial court, Rule 3.515 ( h ) ). 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Of the parties to a case may request a stay is GRANTED ruling a... Albert motion to stay proceedings california Chief judge Kathleen J. Campbell, Clerk of court, Rule 3.515 ( h.! 2 ) for the reasons set forth herein, the defendant may file. Of justices, Judges, subordinate judicial officers, and before the challenged decision has gone into effect, 4. A stay is sometimes used as a stay of proceedings `` Manage Company Users '' tab Ct!
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