Opinion
21-CV-437-YGR
09-15-2021
Rafael Arroyo, Plaintiff, v. Pleasant Canyon Hotel, Inc., Defendant.
ORDER TO SHOW CAUSE RE SUPPLEMENTAL BRIEFING ON COLLATERAL ESTOPPEL; STAY PENDING NINTH CIRCUIT APPEAL
YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE
To The Parties And Counsel Of Record:
Counsel for plaintiff is hereby Ordered to Show Cause why plaintiffs complaint should not be dismissed on grounds of collateral estoppel. Defendant filed its motion to dismiss on March 19, 2021 (Dkt. No. 8). In defendant's motion, defendant argued that the doctrine of collateral estoppel bars plaintiffs claim. Plaintiff failed to address this argument in his opposition. (See Dkt. No. 9.)
Plaintiffs counsel shall submit supplemental briefing in response to defendant's briefing on collateral estoppel no later than Wednesday, September 29, 2021, and a response to this Order. In that same briefing, plaintiff shall also include briefing on why this case should not be stayed, in the alternative, pending the Ninth Circuit appeal in Love v. Marriott Hotel Servs., Inc., 21-15458. If plaintiffs responses are not received by that date, the Court will deem the silence as a concession that collateral estoppel does apply, and will dismiss the complaint on collateral estoppel grounds. If responses are filed, defendant shall file its reply brief by Wednesday, October 13, 2021. The parties shall limit briefing to seven (7) pages double-spaced.
It Is So Ordered.