Su v. SL One Global, Inc. ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 JULIE A. SU, Acting Secretary of No. 2:22-cv-00583 WBS DB Labor, United States Department 13 of Labor, 14 Plaintiff, ORDER RE: MOTIONS TO STAY1 15 v. 16 SL ONE GLOBAL, INC., dba VIVA SUPERMARKET, a California 17 corporation; SMF GLOBAL, INC. dba VIVA SUPERMARKET, a 18 California corporation, NARI TRADING, INC., dba VIVA 19 SUPERMARKET; UNI FOODS, INC., dba VIVA SUPERMARKET, a 20 California corporation; SEAN LOLOEE, an individual, and as 21 owner and managing agent of the Corporate Defendants; and KARLA 22 MONTOYA, an individual, and managing agent of the Corporate 23 Defendants, 24 Defendants. 25 26 ----oo0oo---- 27 1 These motions are decided on the papers without oral 28 argument pursuant to Local Rule 230(g). 1 On November 22, 2023, due to a grand jury investigation 2 against defendants Loloee and Montoya, defendants moved to stay 3 the Secretary’s discovery, or in the alternative to stay the case 4 in its entirety. (Docket No. 96.) The Secretary opposed the 5 motion. (Docket No. 104.) 6 Defendants Loloee and Montoya were subsequently 7 indicted on December 14, 2023, in United States v. Loloee et al., 8 2:23-cr-0320 KJM. Several of the charges allege improper 9 employment practices occurring at the same companies involved in 10 this civil action and/or relate to the same Department of Labor 11 investigations that form the basis for this action. (See U.S. v. 12 Loloee et al., Docket No. 1.) 13 Following the filing of the indictment, the Secretary 14 filed a separate motion requesting a complete stay of the case, 15 recognizing that the indictment implicates Loloee and Montoya’s 16 Fifth Amendment rights against self-incrimination. (Docket No. 17 112.) 18 Because the parties agree that a stay is warranted, and 19 good cause appearing under Keating v. Office of Thrift 20 Supervision, 45 F.3d 322 (9th Cir. 1995), both motions to stay 21 the case (Docket Nos. 96, 112) are hereby GRANTED. This case is 22 hereby STAYED in its entirety and all case deadlines are vacated 23 pending resolution of the criminal proceedings against the 24 individual defendants in United States of America v. Shahriar 25 “Sean” Loloee and Karla Montoya, 2:23-cr-0320 KJM. 26 Within 30 days of final judgment being entered as to 27 both defendants in the criminal action, the parties shall file a 28 Joint Status Report proposing a schedule and plan for resolution nnn nnn nnn nn nn nn nn nnn nnn en on nn nnn eS I NO OE 1 of this case. 2 The January 8, 2024 and February 5, 2024 hearings on 3 the parties’ motions to stay are hereby VACATED. 4 The Secretary’s motion to shorten time for briefing on 5 her motion to stay (Docket No. 113) is hereby DENIED AS MOOT. 6 IT IS SO ORDERED . 7 | Dated: December 22, 2023 ahi hem A fh be WILLIAM B. SHUBB 8 UNITED STATES DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28