Rodriguez v. W.W. Grainger, Inc. ( 2023 )


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  • 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 VERONICA RODRIGUEZ, on behalf of Case No. 1:23-CV-00422-JLT-HBK herself and others similarly situated, 11 ORDER GRANTING STAY OF CASE Plaintiff, PENDING MEDIATION 12 vs. (Doc. No. 8) 13 W.W. GRAINGER, INC.; and DOES 1 to ORDER VACATING JUNE 22, 2023 INITIAL 14 100, inclusive, SCHEDULING CONFERENCE AND ASSOCIATED DATES 15 Defendants. 16 17 18 Pending before the Court is the Parties’ stipulated motion seeking a stay of this action 19 pending mediation filed on April 20, 2023. (Doc. No. 8). On March 20, 2023, Defendant removed 20 this putative class action lawsuit to this Court. (Doc. No. 1). The Court set this case for a mandatory 21 Initial Scheduling Conference for June 22, 2023. (Doc. No. 3). The Parties have agreed to engage 22 in private mediation and have secured an August 24, 2023 mediation date. (Doc. No. 8 at 1). The 23 Parties seek a limited stay of this action to allow the Parties to concentrate on preparation for 24 mediation, minimize the expense of the discovery process, eliminate law and motion practice, 25 maximize the odds that mediation is successful, preserve judicial resources, and promote judicial 26 economy. (Id.). 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 be 3 || 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 According, it is hereby ORDERED: 10 1. The Parties’ stipulated motion to stay this action (Doc. No. 8) is GRANTED and this 11 | case is stayed until further order by the Court. 12 2. If the mediation is cancelled, the Parties shall promptly file a Notice to Lift the Stay 13 | and the stay shall be automatically lifted on the date of the Notice. 14 3. The Court VACATES the mandatory Initial Scheduling Conference set for June 22, 15 | 2023, and all associated due dates set forth in the Order setting the Scheduling Conference (Doc. 16 | No. 3). 17 4. The Court sets this case for a post-mediation telephonic Status Conference for 18 || September 28, 2023 at 1:00 PM (1-888-204-5984; Access Code 4446176). 19 | Dated: __April 22. 2023 Mile. Wh fareh Zaskth 21 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28

Document Info

Docket Number: 1:23-cv-00422

Filed Date: 4/24/2023

Precedential Status: Precedential

Modified Date: 6/20/2024