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-ADA-HBK individually, on behalf of himself and 12 others similarly situated, ORDER GRANTING PARTIES’ JOINT MOTION TO STAY ACTION 13 Plaintiff, PENDING MEDIATION 14 v. (Doc. No. 6) 15 ULTA BEAUTY, INC., CLERK TO LIFT STAY ON DECEMBER 12, 2023 16 Defendant. 17 18 19 This matter comes before the Court upon the Parties’ joint stipulated motion filed 20 September 14, 2023. (Doc. No. 6). The Parties request the Court to continue the November 9, 21 2023 initial scheduling conference and stay this action pending a September 28, 2023 mediation 22 scheduled in NangChan v. Ulta Inc., et al., Case No. 2:23-cv-00650-AB-PLA (“Chan”), a related 23 action pending in the United States District Court for the Central District of California. (Id. at 1). 24 The Parties advise a “resolution of Chan at the upcoming mediation could directly impact 25 the disposition of Plaintiff’s claims asserted in this action.” (Id. at 3). 26 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 27 705 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party 28 requesting a stay bears the burden of showing that the circumstances justify an exercise of that 1 | discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). As a rule, “stays should not be 2 | indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 3 | 1066-67 (9th Cir. 2007). If a stay is especially long or indefinite, a greater showing is required to 4 | justify it and the court must “balance the length of any stay against the strength of the justification 5 | given for it.” Yong v. LN.S., 208 F.3d 1116, 1119 (9th Cir. 2000). 6 The Court finds in its discretion that a stay of this action is appropriate. 7 Accordingly, it is ORDERED: 8 1. The Parties’ joint stipulated motion (Doc. No. 6) is GRANTED to the extent that this 9 action is STAYED until December 12, 2023. The Clerk shall automatically lift the 10 STAY on December 12, 2023. 11 2. Within sixty (60) days of the mediation’s conclusion in Chan, the Parties shall file a 12 joint report notifying the Court whether the Chan settlement resolved the need for 13 litigation of Plaintiff's claims in his action. 14 3. Ifthe Chan mediation resolves Plaintiff's claims in this action, Plaintiff shall promptly 15 file a Rule 41 notice. 16 4. Ifthe Chan mediation does not resolve Plaintiff’s claims in this action, Defendant 17 shall file a response to the Complaint no later than December 18, 2023. 18 5. The November 9, 2023 Scheduling Conference is CONTINUED to February 15, 19 2024 at 2:00 p.m. The Parties shall file their Joint Scheduling Report no later than 20 February 8, 2024. 21 *° | Dated: _ September 14, 2023 Wiha. □□ fares Back 23 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 25 26 27 28