1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY QUALLS, Case No. 1:23-cv-01121-NODJ-HBK individually, on behalf of himself and 12 others similarly situated, ORDER GRANTING PARTIES’ JOINT MOTION TO CONTINUE STAY OF 13 Plaintiff, ACTION AND DIRECTING CLERK TO CONTINUE STAY UNTIL FURTHER 14 v. ORDER BY THE COURT

15 ULTA BEAUTY, INC., (Doc. No. 15)

16 Defendant.

17 18 19 This matter comes before the Court upon the Parties’ joint stipulated motion seeking a 20 further stay in this action, which they filed March 11, 2024. (Doc. No. 13). The Parties request 21 the Court to continue the stay of this action, including the initial scheduling conference and 22 related deadlines pending preliminary approval of the class-wide settlement in NangChan v. Ulta 23 Inc., et al., Case No. 2:23-cv-00650-AB-PLA (“Chan”), a related action pending in the United 24 States District Court for the Central District of California. (Id. at 3-4). The Parties advise that the 25 resolution of Chan may moot Plaintiff’s claims asserted in this action.” (Id. at 4). 26 The court is vested with broad discretion to stay a case. Clinton v. Jones,

, 27 705 (1997) (citing Landis v. North American Co.,

(1936)). The “party 28 requesting a stay bears the burden of showing that the circumstances justify an exercise of that 1 | discretion.” Nken v. Holder,

(2009). As a rule, “stays should not be 2 | indefinite in nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co.,

, 3 | 1066-67 (9th Cir. 2007). The Court finds in its discretion that a continued stay of this action is 4 | appropriate. 5 Accordingly, it is ORDERED: 6 1. The Parties’ joint stipulated motion (Doc. No. 15) is GRANTED nunc pro tunc to the 7 extent that the STAY of this action is CONTINUED until further Order by this 8 Court. 9 2. Within fourteen (14) days after the preliminary approval motion is filed in Chan, 10 the Parties shall file a joint report notifying the Court whether the Chan 11 settlement resolved the need for litigation of the claims in this action. 12 3. Ifthe Chan mediation resolves Plaintiffs claims in this action, Plaintiff shall promptly 13 file a Rule 41 notice. 14 4. Ifthe Chan settlement does not resolve Plaintiffs claims in this action, Defendant’s 15 time within which to answer or otherwise serve and file any motions or other 16 pleadings responsive to Plaintiff's Complaint shall be extended to July 1, 2024. 17 5. The May 16, 2024 Scheduling Conference is CONTINUED to August 15, 2024 at 18 2:00 P.M. The Parties shall file their Joint Scheduling Report no later than August 8, 19 2024. 20 | Dated: _ March 13, 2024 Mihaw. Wh. foareh fackte 22 HELENA M. BARCH-KUCHTA 33 UNITED STATES MAGISTRATE JUDGE

24 25 26 27 28