Manes v. Stetson Desert Project LLC

1 WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA

9 Ashley Manes, No. CV-18-04664-PHX-DJH 10 Plaintiff, ORDER v. Stetson Desert Project LLC, et al., 13 Defendants.

15 The Court stayed this matter pending the Ninth Circuit’s opinion in Tijerino v. Stetson Desert Project LLC, 2:15-cv-02563-SMM (D. Ariz.). In Tijerino, a similar action involving the same Defendants, the district court determined that the plaintiff, who was a former exotic dancer at Le Girls, was not an employee under the FLSA, and therefore dismissed the case. See Tijerino v. Stetson Desert Project LLC, 2017 WL 9511247, at *6 (D. Ariz. June 21, 2017). The plaintiff in Tijerino appealed the dismissal and the Ninth Circuit held oral argument on July 9, 2019. On August 16, 2019, the Ninth Circuit revered and remanded the case for further proceedings. See Tijerino v. Stetson Desert Project, LLC, 2019 WL 3849570 (9th Cir. Aug. 16, 2019).

24 In light of the remand, the Court will lift the stay in this matter. The parties shall jointly file a status report regarding whether (1) the parties intend to file a motion to transfer or consolidate this case with Tijerino pursuant to Local Rule 41.2(b) or (2) why this this Court should not voluntarily reassign this case pursuant to Local Rule 42.1(e).

28 Accordingly, 1 IT IS ORDERED that the stay in this matter is lifted; and 2 IT IS FURTHER ORDERED that on or before August 30, 2019, the parties shall || jointly file a status report that addresses the transfer or consolidation of this case with 4|| Tijerino.

5 Dated this 19th day of August, 2019.

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