Ballinger v. B & B Transport, Inc.

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA BRUCE WILLIAM BALLINGER, Case No. 1:22-cv-01607-ADA-HBK an individual, on behalf of himself and others similarly situated, ORDER GRANTING PARTIES’ JOINT MOTION TO STAY ACTION 13 Plaintiff, PENDING MEDIATION 14 v. (Doc. No. 30) B & B TRANSPORT, INC., CLERK TO LIFT STAY ON MARCH 14, 2024 16 Defendant.

19 This matter comes before the Court upon the Parties’ joint stipulated motion to stay this action and/or to continue the class certification deadlines filed August 23, 2023. (Doc. No. 30).

21 The Parties request the Court to grant a limited stay of this or a continuance of the class certification deadlines so the parties may participate in private mediation. (Id. at 2). The Parties advise that they have identified Steven Rottman as the mediator and have confirmed a March 8, 2024 mediation date. (Id.).

25 The court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 705 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party requesting a stay bears the burden of showing that the circumstances justify an exercise of that discretion.” Nken v. Holder, 556 U.S. 418, 433-34 (2009). As a rule, “stays should not be indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066-67 (9th Cir. 2007). If a stay is especially long or indefinite, a greater showing is required to justify it and the court must “balance the length of any stay against the strength of the justification given for it.” Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000).

5 The Court finds in its discretion that a stay of this action is appropriate and will stay this action so that the Parties may direct their resources and attention to mediation.

7 Accordingly, it is ORDERED: 8 1. The Parties’ joint motion to stay or continue the class certification deadlines (Doc. No. 9 30) is GRANTED to the extent the Court STAYS this action pending further Order by 10 this Court.

11 2. In order to preserve judicial economy, as well as to prevent any unnecessary discovery 12 and litigation costs to the parties, all proceedings, including but not limited to written 13 discovery, depositions, and all motions, including the class certification hearing set on 14 July 11, 2024, at 1:00 p.m. in Courthouse 6 before the undersigned, and all related 15 deadlines related to such hearing shall be stayed pending the mediation scheduled for 16 March 8, 2024.

17 3. The Clerk of Court shall automatically LIFT the STAY on March 14, 2024.

18 4. Within seven (7) days of the mediation’s conclusion, Plaintiff must report the result of 19 the mediation and confirm attendance of all required persons at mediation.

20 5. The substance of the mediation is confidential, and no party, lawyer, or other 21 participant may record, or without approval of the Court may disclose any event, 22 including any statement confirming or denying a fact—except settlement—that occurs 23 during the mediation.

24 6. If the Parties settle, a notice of settlement shall promptly be filed with the Court. See 25 Local Rule 160(a). Dispositional documents are due no more than twenty-one (21) 26 days from the filing of the notification, absent good cause. See Local Rule 160(b).

27 7. If the case does not settle, then the Parties within fourteen (14) days of mediation’s 28 conclusion shall file a proposed class certification briefing dates. After reviewing the 1 proposed class certification dates, the Court will set this matter for a fast-track class 2 certification hearing before the undersigned. * | Dated: _ August 22, 2023 Wiha Th fares Hack 5 HELENA M. BARCH-KUCHTA ‘ UNITED STATES MAGISTRATE JUDGE