Donovin Last v. M-I, L.L.C.

Filing 93

ORDER signed by Magistrate Judge Erica P. Grosjean on June 6, 2024, as follows: Plaintiff's request for a stay (ECF No. 92 ) is GRANTED. This case shall remain stayed pending arbitration proceedings. The parties shall file a joint status report regarding the status of arbitration within ninety (90) days of this order.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DONOVIN LAST, an individual, on behalf
of himself and all others similarly situated,
Plaintiff,

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v.

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Case No. 1:20-cv-01205-KES-EPG
ORDER GRANTING PLAINTIFF’S
REQUEST FOR A STAY
(ECF No. 92).

M-I, L.L.C.,
Defendant.

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On February 12, 2024, District Judge Dale A. Drozd issued an order granting Defendant’s

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motion to compel arbitration pursuant to the Federal Arbitration Act, and staying this case

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pending arbitration until July 15, 2024, “unless new authority requires that the stay be extended

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for so long as the arbitration proceedings are ongoing.” (ECF No. 90 at 22). On May 22, 2024,

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Plaintiff filed a request for a stay, citing a recently issued Supreme Court decision, Smith v.

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Spizzirri, 144 S.Ct. 1173 (May 16, 2024). (ECF No. 92). In Spizzirri, the Supreme Court held that

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“[w]hen a district court finds that a lawsuit involves an arbitrable dispute, and a party requests a

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stay pending arbitration, § 3 of the FAA compels the court to stay the proceeding.” 144 S.Ct at

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1178. Defendant has not filed an opposition to Plaintiff’s request.

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In light of this new authority, Plaintiff’s request for a stay (ECF No. 92) is GRANTED.

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This case shall remain stayed pending arbitration proceedings. The parties shall file a joint status

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report regarding the status of arbitration within ninety (90) days of this order.

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IT IS SO ORDERED.
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Dated:

June 6, 2024

/s/
UNITED STATES MAGISTRATE JUDGE

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