Younger v. Del Toro

Opinion

HERSCHEL YOUNGER, Case No.: 22-cv-1006-L-MSB

Plaintiff, ORDER: v. (1) CONDITIONALLY GRANTING JOINT MOTION TO STAY Defendant. [ECF No. 27]

(2) DENYING WITHOUT PREJUDICE JOINT MOTION TO FILE DOCUMENTS UNDER SEAL [ECF No. 22] Plaintiff Herschel Younger (“Plaintiff”) filed a request to upgrade his discharge status with the Board of Corrections of Naval Records (“BCNR”) on September 8, 2017. (ECF No. 27, at 2.) Plaintiff based his request on the contention that the PTSD and PTSD-related conditions he suffered during and as a result of his service mitigate the circumstances which led to his “Other Than Honorable” discharge. (Id.) The BCNR denied his request on October 19, 2018. (Id.) After an unsuccessful request for consideration, Plaintiff filed this action on July 11, 2022. (Id.) Separate from the events leading up to this action, Plaintiff filed a request to upgrade his discharge status with the Department of Veterans Affairs (“VA”). (Id.) The VA granted this request for purposes of seeking VA benefits on April 5, 2023. (Id.) Following this decision, Plaintiff intends to file a renewed request for consideration. (Id. at 3.) The parties now jointly move to stay the proceedings in this action pending the resolution of the renewed request for reconsideration. (Id. at 5.) l “Where a court suspends proceedings in order to give preliminary deference to an independent adjudicating body but further judicial proceedings are contemplated, then jurisdiction should be retained by a stay of proceedings.” N. California Dist. Council of Hod Carriers, Bldg. & Const. Laborers, AFL-CIO v. Opinski, 673 F.2d 1074, 1076 (9th Cir. 1982). Accordingly, the Court GRANTS the parties’ joint motion to stay for sixty (60) days from the date this Order is filed. The parties may file a motion to extend the before the stay expires, accompanied by a status report that provides justification for extension. Furthermore, the parties filed a joint motion to file documents under seal. (ECF No. 22.) The motion was filed in connection with impending dispositive motions. (See at 6.) In light of this Order and in the absence of any pending substantive motions, the Court DENIES WITHOUT PREJUDICE the parties’ joint motion to file documents under seal as premature. Dated: May 24, 2023 1 fee fp H . James Lorenz, United States District Judge