Case: 6:17-cv-00245-GFVT Doc #: 36 Filed: 07/26/18 Page: 1 of 2 - Page ID#: 638

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
SOUTHERN DIVISION
LONDON
NEW LONDON TOBACCO MARKET,
INC. et al.,
Plaintiffs,
V.
JAMES C. JUSTICE COMPANIES, INC.,
et al.,

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Civil No. 6:17-cv-00245-GFVT

ORDER

Defendants.
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This matter is before the Court on the Motion to Stay proceedings filed by Plaintiff. [R.
30 at 1.] This case arises out of a lengthy litigation process in a companion case, 6:12-cv-00091GFVT-HAI, New London Tobacco Market, Inc. et al v. Kentucky Fuel Corporation et al.
Plaintiffs assert that, “if the Defendants pay [the] judgment [in the companion case] or it is
otherwise resolved between the parties, then there would be no need to proceed with this action.”
[See R. 30 at 2.] Defendants object, but request that this Court instead dismiss the action
entirely. [See R. 31.]
“The power to stay proceedings is incidental to the power inherent in every court to
control the disposition of the causes in its docket with economy of time and effort for itself, for
counsel and for litigants, and the entry of such an order ordinarily rests with the sound discretion
of the District Court.” F.T.C. v. E.M.A. Nationwide, Inc., 767 F.3d 611, 626–27 (6th Cir. 2014)
(quoting Ohio Envtl. Council v. U.S. Dist. Court, S. Dist. of Ohio, E. Div., 565 F.2d 393, 396 (6th
Cir.1977)); see also Clinton v. Jones, 520 U.S. 681, 706 (1997) (“[T]he District Court has broad

 Case: 6:17-cv-00245-GFVT Doc #: 36 Filed: 07/26/18 Page: 2 of 2 - Page ID#: 639

discretion to stay proceedings as an incident to its power to control its own docket.”). Given that
the disposition in the 12-cv-91 action might resolve the issues before the Court in the instant
action and due to the fact that default judgment has already been entered in 12-cv-91, this Court
agrees with the Plaintiff that this case should be stayed pending final disposition in 12-cv-91.
Accordingly, and the Court being otherwise sufficiently advised, it is hereby ODERED
as follows:
1.

The instant action shall be STAYED;

2.

All pending motions are DISMISSED WITHOUT PREJUDICE and may be

refiled if this case is re-opened; and
3.

The parties are DIRECTED to file a notice in the record within fourteen (14)

days of the final resolution in 6:12-cv-00091-GFVT-HAI, New London Tobacco Market, Inc. et
al v. Kentucky Fuel Corporation et al.
This the 26th day of July, 2018.

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