Opinion
1:20-cv-01704-NE-SKO
06-17-2021
RUDY GONZALEZ, an individual, Plaintiff, v. XTREME MANUFACTURING, LLC, a limited-liability corporation; and DOES 1-100, inclusive, Defendants.
EVAN R. MOSES, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., MICHAEL J. NADER, RABIA Z. REED, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. ATTORNEYS FOR DEFENDANT XTREME MANUFACTURING LLC
Complaint Filed: December 4, 2020
EVAN R. MOSES, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C., MICHAEL J. NADER, RABIA Z. REED, OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. ATTORNEYS FOR DEFENDANT XTREME MANUFACTURING LLC
ORDER STAYING ACTION PENDING MEDIATION (Doc. 15)
SHEILA K. OBERTO UNITED STATES MAGISTRATE JUDGE
On June 15, 2021, the Parties filed a Stipulation to Request Stay of Action Pending Mediation (the “Stipulation”), requesting that the Court stay all dates and deadlines until at least 30 days after their mediation scheduled for September 7, 2021. (Doc. 15.) Pursuant to the Stipulation, and for good cause shown, IT IS HEREBY ORDERED as follows:
1. All court dates and deadlines associated with the above-referenced action are stayed until after the Parties complete their September 7, 2021 mediation; and
2. The statute of limitations for claims of unnamed collective action members who worked for Defendant from December 4, 2017 forward and who earned commissions, non-discretionary bonuses and/or other items of compensation during a workweek when he/she also worked more than forty (40) hours on at least one occasion after December 4, 2017, as outlined in 29 U.S.C. §§ 255-256, is hereby equitably tolled from May 6, 2021 until sixty (60) calendar days after the scheduled September 7, 2021 mediation; and
3. In the event the case is not resolved, the Parties shall file a status report updating the Court on the outcome of the mediation and the status of the case by no later than September 14, 2021. The dates and deadlines relating to class certification in the Scheduling Order (Doc. 14) shall remain as set absent a court-approved stipulation.
IT IS SO ORDERED.