Burns v. Toyota Motor Sales, U.S.A., Inc.

Filing 79

OPINION AND ORDER GRANTING 78 Joint Motion to extend time to file motion for class certification insofar as this matter is STAYED. See order for specifics. Jury trial set for 2/21/2017 is canceled, to be re-set at a later date if necessary. Signed by Honorable P. K. Holmes, III on August 1, 2016. (jas)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RYAN BURNS, Individually and on behalf
of all others similarly situated
v.

PLAINTIFF

Case No. 2:14-cv-02208

TOYOTA MOTOR SALES, U.S.A., INC.

DEFENDANT

OPINION AND ORDER
Before the Court is the parties’ joint motion for an extension of time to file a motion for
class certification or, alternatively, stay the proceedings (Doc. 78). This case involves a putative
class action for damages attributable to rust corrosion on certain Toyota vehicles. The counsel of
record in this case are also counsel of record in similar litigation in the Central District of California
(the “Warner action”), which is being presided over by United States District Judge Fernando
Olguin. 1 This Court held a status conference on April 20, 2016, during which counsel for the
parties explained that a settlement was being negotiated and that the settlement would resolve both
this action and the Warner action. Since that time, Judge Olguin has appointed Patrick A. Juneau
as special master pursuant to Federal Rule of Civil Procedure 53 and the parties are currently
engaged in extensive discovery and negotiations necessary to complete the settlement with Mr.
Juneau’s assistance. The parties now seek a 90-day extension for motions and briefing on class
certification or alternatively a stay of the proceedings pending those settlement negotiations.
“A district court has broad discretion to stay proceedings when appropriate to control its
docket[.]” Sierra Club v. U.S. Army Corps of Engineers, 446 F.3d 808, 816 (8th Cir. 2006) (citing
Clinton v. Jones, 520 U.S. 681, 706 (1997)). This power to stay proceedings is “incidental to the
power inherent in every court to control the disposition of the causes on its docket with economy

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Warner v. Toyota Motor Sales, U.S.A. Inc., Case No. 2:15-CV-02171 (C.D. Cal.)

of time and effort for itself, for counsel, and for litigants.” Landis v. North Am. Co., 299 U.S. 248,
254 (1936).
It is clear that the parties are making significant progress towards a comprehensive
settlement with the oversight of special master Juneau and Judge Olguin. It appearing that the
parties are in agreement on this matter and that significant expenses and resources may be avoided
by staying the remaining deadlines pending the outcome of the on-going settlement negotiations,
the Court finds that the parties’ joint motion (Doc. 78) should be GRANTED.
IT IS THEREFORE ORDERED that the joint motion (Doc. 78) is GRANTED insofar as
this matter is STAYED.
IT IS FURTHER ORDERED that the parties submit a status report to this Court
within seven days of any status conference in the Warner action. If settlement is not reached
or if this Court needs to take further action in resolving this dispute, the Court will issue an
amended final scheduling order setting forth applicable remaining deadlines.
IT IS SO ORDERED this 1st day of August, 2016.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE

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