Gutierrez, et al. v. Carter Brothers Security Services, LLC, et al.

Filing 68

ORDER signed by Chief Judge Morrison C. England, Jr. on 3/20/2015 ORDERING that Plaintiff's 54 Motion to Certify Class is DENIED without prejudice to refiling once Carter Brothers' appeal has been adjudicated. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAMSES GUTIERREZ, individually
and on behalf of all others similarly
situated, et al.,

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Plaintiffs,

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No. 2:14-cv-00351-MCE-CKD

ORDER

v.
CARTER BROTHERS SECURITY
SERVICES, LLC, AT&T DIGITAL LIFE,
INC., PACIFIC BELL TELEPHONE
COMPANY dba AT&T DATACOMM,
INC., AT&T CORP., and DOES 1
through 10, inclusive,
Defendants.

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Plaintiffs filed their Motion to Conditionally Certify a Class Action in this matter on

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August 19, 2014. ECF No. 54. Thereafter, on October 2, 2014, the Court issued,

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pursuant to the parties’ stipulation, an Order (ECF No. 60) staying the Class Certification

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Motion until resolution of three other motions then pending: 1) Defendant Carter

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Brothers’ Motion to Dismiss, or Alternatively to Transfer (ECF No. 33); 2) Carter

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Brothers’ Motion to Compel Arbitration and Dismiss Proceedings (ECF No. 34); and 3)

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Defendant AT&T’s Motion to Dismiss (ECF No. 32).

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On October 30, 2014, the Court issued a Memorandum and Order (ECF No. 61)

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denying AT&Ts’ Motion to Dismiss. The following day, October 30, 2014, an additional

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Memorandum and Order (ECF No. 62) denied Carter Brothers’ two motions seeking to

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transfer this matter and to compel arbitration. Subsequently, on November 24, 2014,

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Carter Brothers filed a Notice of Interlocutory Appeal with the Ninth Circuit as to the

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Court’s October 30, 2014, Memorandum and Order.

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Given the fact that the now pending appeal will delay any final resolution of Carter

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Brothers’ Motions for the foreseeable future, since the Court’s stay of Plaintiff’s Class

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Certification Motion will remain in effect until such resolution, and given the length of time

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Plaintiff’s certification request has already been pending, for purposes of managing its

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own docket, the Court hereby DENIES Plaintiff’s Motion to Conditionally Certify (ECF

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No. 54) without prejudice to refiling once Carter Brothers’ appeal has been adjudicated.

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IT IS SO ORDERED.
Dated: March 20, 2015

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