Parra, et al v. Bashas' Inc

Filing 295

ORDER that Plaintiffs' 294 Motion (request) for Ruling at this time is denied. Signed by Judge Robert C Broomfield on 12/15/10.(ESL)

Parra, et al v. Bashas' Inc

Doc. 295

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

José Parra; Gonzalo Estrada; Aurelia Martinez, on behalf of themselves and all individuals similarly situated, Plaintiffs, v. Bashas', Inc., Defendant.

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No. CIV 02-0591-PHX-RCB ORDER

Prior to this court's ruling on the issue of class

21 certification of the unequal pay claim in this case, defendant 22 Bashas', Inc. filed for Chapter 11 bankruptcy. See Doc. 288. In

23 accordance with 11 U.S.C. § 362, the Bankruptcy Code's automatic 24 stay provision, Bashas' "ceased any further action in this matter." 25 Id. at 1:22-23 (citation omitted). Effective August 28, 2010, that

26 stay was "terminated" as part of the United States Bankruptcy 27 Court's Order Confirming Plan. 28 thereto (Doc. 293-1). See Doc. 293, and attachment 1

After the termination of that stay,

Dockets.Justia.com

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plaintiffs filed the pending "Request for Ruling" on the class certification issue (Doc. 294). Plaintiffs are "request[ing] that

the Court rule on the issue of the certification of the unequal pay claim . . . so that a trial may be set for adjudication of the working conditions and pay class claim, if certified." 2:17-19. In the meantime, on December 6, 2010, the Supreme Court granted certiorari in Wal-Mart Stores, Inc. v. Dukes, 603 F.3d 571 (9th Cir. 2010) (en banc), cert. granted, --- S.Ct. ---, 2010 WL 3358931, 79 U.S.L.W. 3128 (U.S. Dec. 6, 2010) (No. 10-277). Resolution of Dukes has the potential to significantly impact the class certification motion pending before this court. Therefore, Id. at

rather than deciding this case in haste without the benefit of the Supreme Court's decision in Dukes, this court will defer resolution of the class certification issue pending a decision in Dukes. See

Mazza v. American Honda Motor Co., Inc., No. 09-55376, (9th Cir. Dec. 7, 2010) ("Submission . . . DEFERRED" after full briefing and oral argument "pending the Supreme Court's decision in" Dukes[]"). IT IS SO ORDERED plaintiffs' Request for a Ruling at this time is denied. DATED this 15th day of December, 2010.

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