What is the burden of establishing the need for a stay?
MultiRegion, United States of America
The following excerpt is from Munoz v. PHH Corp., 1:08cv0759 AWI DLB (E.D. Cal. 2011):
The party moving for a stay bears the burden of establishing the need for a stay. Clinton v. Jones, 520 U.S. 681, 708 (1997); see also Landis, 299 U.S. at 256 ("the justice and wisdom" of a stay lays "heavily on the petitioners"). The party seeking the stay:
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Landis, 299 U.S. at 255. These considerations are "counsels of moderation rather than limitations upon power." Id.
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