Philo v. Gamestop Corp. et al

Filing 36

ORDER signed by Judge Garland E. Burrell, Jr. on 5/24/2012 GRANTING 28 Motion to Stay; STAYING CASE during the National Labor Relations Board's (NLRB)adjudication of Plaintiff's unfair labor practices charge; ORDERING parties to file a Joint Status Report within 10 days of the NLRB's final decision; DEEMING 11 Motion to Compel Arbitration and Dismiss or Stay Proceedings as WITHDRAWN. (Michel, G)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ALEX PHILO,

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Plaintiff,

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v.

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GAMESTOP CORP.; GAMESTOP, INC.,

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Defendants.
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2:11-cv-03135-GEB-KJN
ORDER GRANTING PLAINTIFF’S
MOTION TO STAY PROCEEDINGS;
AND DEEMING WITHDRAWN
DEFENDANTS’ MOTION TO COMPEL
ARBITRATION

Plaintiff seeks a stay in this case pending resolution of an
unfair labor practices charge he filed with the National Labor Relations
Board

(“NLRB”)

on

March

20,

2012.

Plaintiff

argues

the

NLRB’s

adjudication of the charge will bear directly on Defendants’ pending
motion to compel arbitration. Defendants did not file an opposition
brief or statement of opposition as required by Local Rule 230(c).

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“Since [Defendants] do[] not object to [Plaintiff’s] request
for stay, [Plaintiff’s] motion is granted.” Armstrong v. A.C. & S.,
Inc., 649 F. Supp. 161, 162 (W.D. Wash. 1986); see Order Setting Status
(Pretrial Scheduling) Conference ¶ 10, Nov. 28, 2011 (ECF No. 4) (“The
failure

to

file

an

opposition

or

statement

of

non-opposition

in

accordance with Local Rule 230(c) may be deemed consent to the granting
of the motion[.]”).
Therefore, this case is stayed during the NLRB’s adjudication
of Plaintiff’s unfair labor practices charge. The parties shall file a

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joint status report no later than ten (10) days after the NLRB enters a

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final decision.

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Further, since Plaintiff argues in his motion to stay that

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Defendants’ motion to compel arbitration should not be decided until the

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NLRB has adjudicated Plaintiff’s unfair labor practices charge, and

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Defendants fail to oppose Plaintiff’s motion, Defendants’ motion to

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compel arbitration is deemed withdrawn.

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Dated:

May 24, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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