Jose Moreno v. Rite Aid Corporation et al

Filing 11

ORDER TO SHOW CAUSE RE: STAY by Judge Michael W. Fitzgerald. Response to Order to Show Cause due by 6/25/2014. (jloz)

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES—GENERAL
Case No. CV-14-04359-MWF (JEMx)
Date: June 10, 2014
Title:
Jose Moreno -v- Rite Aid Corporation, et al.
Present: The Honorable MICHAEL W. FITZGERALD, U.S. District Judge
Deputy Clerk:
Rita Sanchez

Court Reporter:
Not Reported

Attorneys Present for Plaintiff:
None Present

Attorneys Present for Defendant:
None Present

Proceedings (In Chambers): ORDER TO SHOW CAUSE RE: STAY
On June 5, 2014, Defendant Rite Aid Corporation removed this action to federal
court. (Docket No. 1). On June 10, 2014, this action was transferred to this Court
because it was related to another action, Marine Bargas v. Rite Aid Corporation, et al.,
No. CV 13-03865-MWF-JEM (C. D. Cal. May 30, 2013). (Docket No. 12).
In Bargas, the Court found that the factors under the Colorado River doctrine
weighed in favor of staying the case because the plaintiff was an absent class member
in an earlier-filed class action, Fenley v. Rite Aid Corp., No. 1-12-CV-229127 (Cal.
Super. Ct. July 25, 2012). (See Bargas, Docket No. 21). The Court held that the stay
would not be lifted until such time that (1) the Fenley plaintiffs’ motion for class
certification is denied; or (2) assuming the Fenley class is certified, Ms. Bargas opts
out; or (3) the Fenley action terminates for any other reason. (See id.).
The Complaint in this action alleges very similar facts and claims as the
Complaint in Bargas, and thus Plaintiff Jose Moreno also appears to be an absent class
member in Fenley. Therefore, the Court intends to stay this action under the same
conditions as Bargas. Any party that objects to the stay is ORDERED TO SHOW
CAUSE why this action should not be stayed. Any response to the OSC must be in
writing and filed on or before June 25, 2014. However, neither party is obliged to
respond. If the Court does not receive a written response to the OSC on or before the
stated deadline, it will enter the contemplated stay.
IT IS SO ORDERED.
______________________________________________________________________________
CIVIL MINUTES—GENERAL
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