Smith v. H.F.D. No. 55, Inc.

Filing 17

ORDER signed by District Judge Kimberly J. Mueller on 02/02/16 ORDERING that this case is temporarily STAYED pending the circuit court's decision whetherto grant the petition for a rehearing en banc, and in the event the petition is granted, pending issuance of an en banc opinion. The parties shall notify the court within seven days of any decision in Sakkab. CASE STAYED (Benson, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SABRINA SMITH,

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No. 2:15-cv-01293-KJM-KJN

Plaintiff,
v.

ORDER

H.F.D. NO. 55, INC., dba J. CREW, a
California corporation; and DOES 1 to100,
inclusive,
Defendant.

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On September 3, 2015, the court held a hearing on defendant H.F.D. No. 55, Inc.’s

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motion to compel arbitration. On September 29, 2015, plaintiff gave notice a Ninth Circuit panel

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had issued its opinion in Sakkab v. Luxottica Retail North America, Inc., 803 F.3d 425 (9th Cir.

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2015). On October 20, 2015, defendant gave notice the circuit court had granted the appellant an

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extension of time to respond to the petition for a rehearing en banc in that case. Appellant’s

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response was filed on January 15, 2016.

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Because resolution of the issue before the Sakkab court directly concerns that

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before this court, this case is temporarily STAYED pending the circuit court’s decision whether

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to grant the petition for a rehearing en banc, and in the event the petition is granted, pending

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issuance of an en banc opinion. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936) (“[T]he
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power to stay proceedings is incidental to the power inherent in every court to control the

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disposition of the causes on its docket with economy of time and effort for itself, for counsel, and

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for litigants.”).

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The parties shall notify the court within seven days of any decision in Sakkab.

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IT IS SO ORDERED.

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DATED: February 2, 2016.

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UNITED STATES DISTRICT JUDGE

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