Does a federal judge have the power to order a stay of an action and a payment of costs?
MultiRegion, United States of America
The following excerpt is from Madrid v. Pease, Case No.: 1:15-cv-00770-LJO-BAM (PC) (E.D. Cal. 2018):
Federal Rule of Civil Procedure 41(d) confers broad discretion upon the federal courts to order stays and payment of costs, although neither is mandatory. Esquivel v. Arau, 913 F. Supp. 1382, 1386 (C.D. Cal. 1996). The rule does not require a showing of subjective bad faith, id. at 1388, as the rule effectively presumes dismissing an action and then bringing the same action
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