Trevino v. Golden State FC LLC ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN TREVINO, et al., Lead Case No.: 1:18-cv-00120-DAD-BAM (Trevino) 12 Plaintiffs, Member Case Nos.: 13 v. 1. 1:18-cv-00121-DAD-BAM (Palma) 14 GOLDEN STATE FC LLC, et al., 2. 1:18-cv-00567-DAD-BAM (Avalos) 15 Defendants. 3. 1:18-cv-01176-DAD-BAM (Hagman) 16 4. 1:17-cv-01300-DAD-BAM (Ward) 17 18 ORDER STAYING THIS ACTION 19 20 21 22 On August 9, 2021, plaintiffs filed a notice of supplemental authority informing the court 23 that on August 3, 2021, the Ninth Circuit vacated the three-judge panel decision in Olean 24 Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (No. 19-56514), and ordered that 25 the case be reheard en banc. (Doc. No. 171) (citing Olean Wholesale Grocery Cooperative, Inc. 26 v. Bumble Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021)). Plaintiffs contend that the now vacated 27 decision in Olean was relied on extensively in the pending findings and recommendations 28 regarding plaintiffs’ motion for class certification. (Doc. No. 171 at 2.) Plaintiffs did not request 1 | astay of this action pending the resolution of the Ninth Circuit’s en banc rehearing of Olean, but 2 | they urged the undersigned to decline to adopt the pending findings and recommendations. 3 On August 23, 2021, defendants filed a response to plaintiffs’ notice of supplemental 4 | authority in which they contend that the reasoning and analysis in the pending findings and 5 || recommendations remain correct even without reliance on the Olean decision. (Doc. No. 172 at 6 | 2.) Defendants likewise do not request a stay of this action pending the outcome of the en banc 7 | hearing in Olean, but rather urge the court adopt the pending findings and recommendations. 8 Nevertheless, the court has considered the parties arguments and concludes that it would 9 | be prudent to stay this case pending the final decision from the Ninth Circuit in Olean. 10 | Accordingly, the parties are directed to file a joint status report within 14 days of the Ninth 11 | Circuit’s issuance of a decision in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee 12 | Foods LLC (No. 19-56514) following its en banc rehearing. In the joint status report, the parties 13 | shall state their respective positions as to whether the court should order supplemental briefing to 14 | address the impact, if any, of the Ninth Circuit’s en banc decision in Olean on the pending 15 || findings and recommendations. 16 | IT IS SO ORDERED. me □ Dated: _ August 26, 2021 Lae 7 18 UNITED STATES DISTRICT JUDGE 19 20 21 22 23 24 25 26 27 28