Opinion
1:18-cv-00120-DAD-BAM 1:18-cv-00121-DAD-BAM (Palma) 1:18-cv-00567-DAD-BAM (Avalos) 1:18-cv-01176-DAD-BAM (Hagman) 1:17-cv-01300-DAD-BAM (Ward)
08-26-2021
JUAN TREVINO, et al., Plaintiffs, v. GOLDEN STATE FC LLC, et al., Defendants.
ORDER STAYING THIS ACTION
On August 9, 2021, plaintiffs filed a notice of supplemental authority informing the court that on August 3, 2021, the Ninth Circuit vacated the three-judge panel decision in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (No. 19-56514), and ordered that the case be reheard en banc. (Doc. No. 171) (citing Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC, 993 F.3d 774 (9th Cir. 2021)). Plaintiffs contend that the now vacated decision in Olean was relied on extensively in the pending findings and recommendations regarding plaintiffs' motion for class certification. (Doc. No. 171 at 2.) Plaintiffs did not request a stay of this action pending the resolution of the Ninth Circuit's en banc rehearing of Olean, but they urged the undersigned to decline to adopt the pending findings and recommendations.
On August 23, 2021, defendants filed a response to plaintiffs' notice of supplemental authority in which they contend that the reasoning and analysis in the pending findings and recommendations remain correct even without reliance on the Olean decision. (Doc. No. 172 at 2.) Defendants likewise do not request a stay of this action pending the outcome of the en banc hearing in Olean, but rather urge the court adopt the pending findings and recommendations.
Nevertheless, the court has considered the parties arguments and concludes that it would be prudent to stay this case pending the final decision from the Ninth Circuit in Olean. Accordingly, the parties are directed to file a joint status report within 14 days of the Ninth Circuit's issuance of a decision in Olean Wholesale Grocery Cooperative, Inc. v. Bumble Bee Foods LLC (No. 19-56514) following its en banc rehearing. In the joint status report, the parties shall state their respective positions as to whether the court should order supplemental briefing to address the impact, if any, of the Ninth Circuit's en banc decision in Olean on the pending findings and recommendations.
IT IS SO ORDERED.