Martinez v. Knight Transportation, Inc.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA ROBERT MARTINEZ, an individual, on No. 1:16-cv-01730-DAD-SKO behalf of himself and all others similarly situated, 13 Plaintiff, ORDER STAYING ACTION 14 v. KNIGHT TRANSPORTATION, INC. d/b/a ARIZONA KNIGHT TRANSPORTATION, INC., and DOES 1 through 50, inclusive, Defendants.

20 On September 30, 2016, plaintiff, a truck driver, commenced this class action on behalf of himself and other truck drivers employed by defendant, asserting claims including state law claims for failure to provide meal and rest breaks. (Doc. No. 2-1.) On October 15, 2019, the parties stipulated to staying this action, including discovery, pending a decision by the Ninth Circuit Court of Appeals in four matters challenging the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination preempting California’s meal and rest break laws for drivers subject to the federal hours of service regulations. (Doc. No. 51 at 2; see also 83 Fed. 27 Reg. 67470, 2018 WL 6809341, 67480 (Dec. 28, 2018).) Because the viability of plaintiff’s meal and rest break claims depend on whether the Ninth Circuit affirms or reverses the FMCSA’s | determination, the parties seek a stay of this action in its entirety pending the Ninth Circuit’s | decision.

3 Good cause appearing, and pursuant to the parties’ stipulation, the court orders as follows: 4 1. This matter, including all discovery and motion practice, is stayed in its entirety, 5 pending the Ninth Circuit’s decision regarding the FMCSA’s determination; and 6 2. The parties shall file a joint status report within thirty (30) days of the Ninth 7 Circuit’s decision regarding the FMCSA’s determination, wherein each party shall 8 state its position on whether to lift the stay, without prejudice to the rights of either 9 party to move, thereafter, for a further stay.

10 | IT IS SO ORDERED. a "| pated: _ October 15, 2019 LL 1 Yrod 12 UNITED STATES DISTRICT JUDGE