Qualls v. Ulta Beauty, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY QUALLS, Case No. 1:23-cv-01121-NODJ-HBK1 individually, on behalf of himself and 12 others similarly situated, ORDER GRANTING PARTIES’ JOINT MOTION TO CONTINUE STAY OF 13 Plaintiff, ACTION 14 v. (Doc. No. 13) 15 ULTA BEAUTY, INC., CLERK TO LIFT STAY ON MARCH 12, 2024 16 Defendant. 17 18 19 This matter comes before the Court upon the Parties’ second joint stipulated motion filed 20 December 8, 2023. (Doc. No. 13). The Parties request the Court to continue the stay of this 21 action, including the initial scheduling conference and related deadlines pending a preliminary 22 approval of the class-wide settlement in NangChan v. Ulta Inc., et al., Case No. 2:23-cv-00650- 23 AB-PLA (“Chan”), a related action pending in the United States District Court for the Central 24 District of California. (Id. at 3). The Parties advise that the resolution of Chan may moot 25 Plaintiff’s claims asserted in this action.” (Id.). 26 1 On December 4, 2023, this case was temporarily reassigned to the No District Court Judge (“NODJ”) 27 docket until a new district judge is appointed due to the elevation of Judge Ana I. de Alba to the Ninth Circuit Court of Appeals. (Doc. No. 12). Absent consent by all parties (Doc. No. 3-2), this matter will 28 remain on the NODJ docket until a new district judge is appointed. 1 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 2 | 705 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party 3 || requesting a stay bears the burden of showing that the circumstances justify an exercise of that 4 | discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). As a rule, “stays should not be 5 | indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 6 | 1066-67 (9th Cir. 2007). The Court finds in its discretion that a continued stay of this action is 7 | appropriate. 8 Accordingly, it is ORDERED: 9 1. The Parties’ second joint stipulated motion (Doc. No. 13) is GRANTED to the extent 10 that this action is STAYED until March 11, 2024. The Clerk shall automatically lift 11 the STAY on March 12, 2024. 12 2. Within fourteen (14) days after the preliminary approval motion is filed in Chan, 13 the Parties shall file a joint report notifying the Court whether the Chan 14 settlement resolved the need for litigation of the claims in this action. 15 3. Ifthe Chan mediation resolves Plaintiffs claims in this action, Plaintiff shall promptly 16 file a Rule 41 notice. 17 4. Ifthe Chan settlement does not resolve Plaintiff’s claims in this action, Defendant’s 18 time within which to answer or otherwise serve and file any motions or other 19 pleadings responsive to Plaintiff's Complaint shall be extended to April 1, 2024. 20 5. The February 15, 2024 Scheduling Conference is CONTINUED to May 16, 2024 21 at 2:00 p.m. The Parties shall file their Joint Scheduling Report no later than May 9, 22 2024. 23 24 Dated: _ December 11, 2023 law ZA. foareh Back 5 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 27 28