Garate v. Lincare, Inc. ( 2024 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 IGNACIO GARATE, on behalf of Case No. 3:24-cv-0768-CAB-MSB himself and all others similarly situated, 13 [Assigned to Hon. Cathy Ann Plaintiff, Bencivengo and Magistrate Hon. 14 Michael S. Berg] v. 15 ORDER RE: AUTOMATIC STAY LINCARE INC., a Delaware 16 Corporation; and DOES 1-50, inclusive, 17 Defendants. Trial Date: None Set Date Action Filed: March 27, 2024 18 Removal Filed: April 29, 2024 19 20 21 22 23 24 25 26 27 28 1 || TO ALL PARTIES AND THEIR COUNSEL OF RECORD: 2 On October 10, 2024, Defendant LINCARE INC. filed a NOTICE OF 3 | APPEAL FROM COURT’S ORDER DENYING DEFENDANT’S MOTION TO 4 | COMPEL ARBITRATION pursuant to 9 U.S.C. § 16(a). ECF 18. The filing of an 5 || interlocutory appeal on the question of arbitrability triggers an automatic stay of 6 || district court proceedings. See Coinbase, Inc. v. Bielski, 599 U.S. 736 (2023). 7 As aresult of the automatic stay, all deadlines and hearings that have 8 || previously been set are vacated. 9 The parties shall notify the Court within three business days of any decision 10 || or resolution of the appeal. 11 IT IS SO ORDERED. 3 Dated: November 14, 2024 14 Hon. Cathy Ann Bencivengo 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- ORDER RE: AUTOMATIC STAY