Anderson v. Reliant Pro Rehab, LLC ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 REBECCA ANDERSON and TARA Case No. 1:22-cv-00599-HBK NUNALLY, individually and on behalf of 12 all others similarly situated, ORDER GRANTING MOTION FOR ADMINISTRATIVE RELIEF TO STAY 13 Plaintiff, CASE PENDING MEDIATION 14 v. (Doc. No. 20) 15 RELIANT PRO REHAB LLC, d/b/a ORDER DIRECTING THE CLERK OF RELIANT REHAB, and DOES 1 through COURT TO AUTOMATICALLY LIFT STAY 16 50, inclusive, ON NOVEMBER 17, 2022 17 Defendants. 18 19 Pending before the Court is the parties’ motion for administrative relief stipulating to a 20 stay of this case pending mediation filed on October 3, 2022. (Doc. No. 20). The parties the 21 same day filed a Notice of Mediation identifying the medicator, date and place of mediation. 22 (Doc. No. 19). The parties request the court to grant a limited stay of this action until November 23 17, 2022 in order that they may dedicate their resources to mediation. (Doc. No. 20 at 2). The 24 parties also request that the statute of limitations be tolled for all putative Fair Labor Standards 25 Act collective members from September 27, 2022 until November 17, 2022. (Id.). The Court 26 will grant the request for the stay and toll the period of limitations during the stay period. 27 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 28 705 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party 1 | requesting a stay bears the burden of showing that the circumstances justify an exercise of that 2 | discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). As a general rule, “stays should not 3 | be indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 4 | 1066-67 (9th Cir. 2007). If a stay is especially long or indefinite, a greater showing is required to 5 || justify it and the court must “balance the length of any stay against the strength of the justification 6 | given for it.” Yong v. LN.S., 208 F.3d 1116, 1119 (9th Cir. 2000). 7 The parties have met their burden to justify a stay of this action. The period of the stay is 8 | relatively short and tied to period of mediation. 9 Accordingly, it is ORDERED: 10 1. The parties’ motion for administrative relief (Doc. No. 20) is GRANTED and this 11 action is stayed until November 17, 2022. 12 2. The parties shall promptly file a joint status report no latter than November 17, 2022 13 to apprise the Court of the status of the case. 14 3. The statute of limitations shall be tolled for all putative Fair Labor Standards Act 15 collective members from September 27, 2022 until November 17, 2022. 16 4. The Clerk of Court shall automatically lift the stay on November 17, 2022. 17 18 Dated: _ October 10, 2022 oe Zh. Sareh Zackte 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28