Opinion
LARRY R. NELSON, RAYMOND J. MURO, NELSON & GRIFFIN LLP, Los Angeles, California, Attorneys for Defendant PRECHECK, INC.
PETER R. DION-KINDEM, P.C., PETER R. DION-KINDEM, Attorneys for Plaintiff SARMAD SYED.
STIPULATION TO STAY CASE PENDING SUPREME COURT DECISION IN SPOKEO, NC. ROBINS; [PROPOSED] ORDER STAYING CASE; AND MEMORANDUM OF POINTS AND UTHORITIES
WILLIAM B. SHUBB, District Judge.
COME NOW, Plaintiff SARMAD SYED and Defendant PRECHECK, INC. ("PreCheck" or "Defendant"), by and through their undersigned counsel, and hereby stipulate to, and move the Court for an order staying the case pending a decision by the United States Supreme Court in Spokeo, Inc. v. Robins, No. 13-1339.
On April 27, 2015, the Supreme Court granted the petition for certiorari in Spokeo. The Supreme Court's decision in Spokeo will address the potentially dispositive issue of whether Congress may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on a bare violation of a federal statute.
In Spokeo, the complaint alleged a violation of provisions of the Fair Credit Reporting Act ("FCRA"). As in Spokeo, Plaintiff SYED's complaint alleges statutory violations of the FCRA, and seeks only statutory damages. Resolution of Spokeo and the standing issue is therefore critical to and potentially dispositive of the present action.
In light of the uncertainty in the law posed by the Supreme Court's grant of certiorari in Spokeo, the parties have agreed to mediate this matter, and mediation is currently scheduled for July 21, 2015, with mediator Joan Kessler, Esq.
The parties also hereby stipulate to, and move for, the following:
1. That the case be stayed pending the earlier of resolution of the case by the parties, or resolution of Spokeo in the Supreme Court;
2. That all motion and discovery cut-off dates be vacated pending the earlier of resolution of the case by the parties, or resolution of Spokeo in the Supreme Court; and
3. That the trial date be vacated pending the earlier of resolution of the case by the parties, or resolution of Spokeo in the Supreme Court.
IT IS SO STIPULATED.
ORDER
Pursuant to the parties' stipulation and motion, and good cause appearing therefore, IT IS HEREBY ORDERED that:
1. This action is stayed in its entirety, until further order by the Court, to be entered after the Supreme Court's decision in Spokeo, Inc. v. Robins, No. 13-1339;
2. All motion and discovery cut-off dates be vacated, until further order by the Court, to be entered after the earlier of notice by the parties that they have resolved the case, or the Supreme Court's decision in Spokeo, Inc. v. Robins, No. 13-1339;
3. The trial date be vacated, until further order by the Court, to be entered after the earlier of notice by the parties that they have resolved the case, or the Supreme Court's decision in Spokeo, Inc. v. Robins, No. 13-1339; and
4. A Status Conference is set in this action on October 26, 2015 at 2:00 p.m. If the matter is resolved or a decision made by the Supreme Court in Spokeo, Inc. v. Robins, No. 13-1339 prior to said date, counsel shall file a Joint Status Report within 7 days thereof.
IT IS SO ORDERED.