Syed v. M-I, LLC et al

Filing 69

STIPULATION and ORDER to Stay Case 68 signed by Senior Judge William B. Shubb on 5/29/2015: 1) This action is stayed in its entirety, until further order by the Court, to be entered after the Supreme Court's decision in Spokeo, Inc. v. Robin s, No. 13-1339; 2) All motion and discovery cut-off dates are vacated, until further order by the Court, to be entered after the earlier of notice by the parties that they have resolved the case, or the Supreme Court's decision in Spokeo, Inc. v. Robins, No. 13-1339; 3) The trial is vacated, until further order by the Court, to be entered after the earlier of notice by the parties that they have resolved the case, or the Supreme Court's decision in Spokeo, Inc. v. Robins, No. 13-1339; and 4) A Status Conference is set in this action on 10/26/2015 at 02:00 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. If the matter is resolved or a decision made by the Supreme Court in Spokeo, Inc. v. Robins, No. 13-1339 prior to said date, counsel shall file a Joint Status Report within seven (7)days thereof. (Kirksey Smith, K)

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LARRY R. NELSON (BAR NUMBER 97291)
RAYMOND J. MURO (BAR NUMBER 259871)
NELSON thGRIFFIN LLP
800 West 6 Street, Suite 788
Los Angeles, California 90017
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
PRECHECK, INC.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Sarmad Syed, an individual, on behalf of himself
and all others similarly situated,

Case No. 1:14-cv-00742-WBS-BAM

Plaintiff,
vs.
M-I LLC, a Delaware Limited Liability Company,
PreCheck, Inc., a Texas Corporation, and Does 1
through 10,
Defendants.

STIPULATION TO STAY CASE PENDING
SUPREME COURT DECISION IN SPOKEO,
INC. v. ROBINS;
[PROPOSED] ORDER STAYING CASE;
AND MEMORANDUM OF POINTS AND
AUTHORITIES

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COME NOW, Plaintiff SARMAD SYED and Defendant PRECHECK, INC. (“PreCheck” or
“Defendant”), by and through their undersigned counsel, and hereby stipulate to, and move the Court
for an order staying the case pending a decision by the United States Supreme Court in Spokeo, Inc. v.
Robins, No. 13-1339.
On April 27, 2015, the Supreme Court granted the petition for certiorari in Spokeo. The
Supreme Court’s decision in Spokeo will address the potentially dispositive issue of whether Congress
may confer Article III standing upon a plaintiff who suffers no concrete harm, and who therefore could
not otherwise invoke the jurisdiction of a federal court, by authorizing a private right of action based on
a bare violation of a federal statute.

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STIPULATION TO STAY CASE PENDING SUPREME COURT DECISION IN SPOKEO
G:\DOCS\SHU\DSHU2\inBOX\Signed\14cv742 (Fresno) Syed - Stip to Stay Case.docx

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In Spokeo, the complaint alleged a violation of provisions of the Fair Credit Reporting Act

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(“FCRA”).

As in Spokeo, Plaintiff SYED’s complaint alleges statutory violations of the FCRA, and

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seeks only statutory damages. Resolution of Spokeo and the standing issue is therefore critical to and

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potentially dispositive of the present action.

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In light of the uncertainty in the law posed by the Supreme Court’s grant of certiorari in Spokeo,

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the parties have agreed to mediate this matter, and mediation is currently scheduled for July 21, 2015,

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with mediator Joan Kessler, Esq.

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The parties also hereby stipulate to, and move for, the following:

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1.

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That the case be stayed pending the earlier of resolution of the case by the parties, or

resolution of Spokeo in the Supreme Court;
2.

That all motion and discovery cut-off dates be vacated pending the earlier of resolution of

the case by the parties, or resolution of Spokeo in the Supreme Court; and
3.

That the trial date be vacated pending the earlier of resolution of the case by the parties,

or resolution of Spokeo in the Supreme Court.

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IT IS SO STIPULATED.

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Date: May ___28__, 2015

PETER R. DION-KINDEM, P.C.

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By:__________/s/____________________________
PETER R. DION-KINDEM
Attorneys for Plaintiff
SARMAD SYED

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Date: May __28___, 2015

NELSON  GRIFFIN LLP

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By:____________/s/__________________________
LARRY R. NELSON
RAYMOND J. MURO
Attorneys for Defendant
PRECHECK, INC.

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STIPULATION TO STAY CASE PENDING SUPREME COURT DECISION IN SPOKEO
G:\DOCS\SHU\DSHU2\inBOX\Signed\14cv742 (Fresno) Syed - Stip to Stay Case.docx

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ORDER

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Pursuant to the parties’ stipulation and motion, and good cause appearing therefore, IT IS
HEREBY ORDERED that:
1.

This action is stayed in its entirety, until further order by the Court, to be entered after the

Supreme Court’s decision in Spokeo, Inc. v. Robins, No. 13-1339;
2.

All motion and discovery cut-off dates be vacated, until further order by the Court, to be

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entered after the earlier of notice by the parties that they have resolved the case, or the Supreme Court’s

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decision in Spokeo, Inc. v. Robins, No. 13-1339;

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3.

The trial date be vacated, until further order by the Court, to be entered after the earlier of

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notice by the parties that they have resolved the case, or the Supreme Court’s decision in Spokeo, Inc. v.

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Robins, No. 13-1339; and

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4.

A Status Conference is set in this action on October 26, 2015 at 2:00 p.m. If the matter

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is resolved or a decision made by the Supreme Court in Spokeo, Inc. v. Robins, No. 13-1339 prior to

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said date, counsel shall file a Joint Status Report within 7 days thereof.

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IT IS SO ORDERED.

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Dated: May 29, 2015

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STIPULATION TO STAY CASE PENDING SUPREME COURT DECISION IN SPOKEO
G:\DOCS\SHU\DSHU2\inBOX\Signed\14cv742 (Fresno) Syed - Stip to Stay Case.docx