Romero v. Saputo Dairy Foods USA, LLC ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JUAN ROMERO, an individual on behalf Case No. 1:23-cv-00427-ADA-HBK of himself and on behalf of all persons 12 similarly situated. ORDER GRANTING STAY OF ACTION AND VACATING ALL HEARING DATES 13 Plaintiffs, AND RELATED DEADLINES 14 v. (Doc. No. 16) 15 SAPUTO DAIRY FOODS USA, LLC, A Delaware limited liability corporation, 16 Defendant. 17 18 On May 22, 2023, Defendant Saputo Dairy Foods USA, LLC and Plaintiff Juan 19 Romero (collectively, the “Parties”) filed a joint stipulated motion seeking a stay of this action.1 20 (Doc. No. 16). The Parties request the Court to stay this action, including all discovery, and to 21 vacate all hearing dates and related deadlines in order that the Parties may engage in private 22 mediation. (Id.). 23 A court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 705 24 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party requesting a 25 stay bears the burden of showing that the circumstances justify an exercise of that discretion.” 26 27 1 This action is related to Martinez v. Saputo Dairy Foods USA, LLC, No. 22-cv-01624-ADA-HBK and Vargas v. Saputo Dairy Foods USA, LLC, No. 22-cv-01645-ADA-HBK. An order granting a stay will be 28 entered in each of the related cases. 1 | Nken v. Holder, 556 U.S. 418, 433-34 (2009). Generally, “stays should not be indefinite in 2 | nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066-67 (9th Cir. 3 | 2007). Ifa stay is especially long or indefinite, a greater showing is required to justify it and the 4 | court must “balance the length of any stay against the strength of the justification given for it.” 5 | Yong v. LN.S., 208 F.3d 1116, 1119 (9th Cir. 2000). The Parties have met their burden to justify 6 | a stay of this action. 7 Accordingly, it is ORDERED: 8 1. The joint motion to stay (Doc. No. 16) is GRANTED and this case, including all 9 discovery, is STAYED until further order of Court. 10 2. The Court vacates all hearing dates and deadlines, including the June 20, 2023 Initial 11 Scheduling Conference and reserves a ruling on Plaintiffs pending motion to remand 12 (Doc. No. 12) during the stay. 13 3. The Parties shall file a joint status report every ninety (90) days to advise the Court of 14 the status of mediation and whether a further stay of this action is warranted. 15 '© | Dated: _ May 31, 2023 Mihaw. Wh. foareh Zaskth 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28