Harper, et al. v. Charter Communications, LLC et al

Filing 311

ORDER STAYING CASE signed by Senior Judge William B. Shubb on 9/16/2022: Defendant Charter has appealed this court's denial of its motion to compel arbitration of plaintiff Harper's PAGA claim and dismiss remaining count ten claims. (Docket Nos. #300 , #306 .) Notwithstanding any other recent orders, the court in its discretion determines that a stay is appropriate at this time. Accordingly, all proceedings in this case are hereby STAYED pending final adjudication of defendant's appeal, and all hearing dates are hereby VACATED. (See document for further details.) (Kirksey Smith, K)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LIONEL HARPER, DANIEL SINCLAIR,
HASSAN TURNER, LUIS VAZQUEZ, and
PEDRO ABASCAL, individually and
on behalf of all others
similarly situated and all
aggrieved employees,

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No. 2:19-cv-00902 WBS DMC

ORDER STAYING CASE

Plaintiff,
v.
CHARTER COMMUNICATIONS, LLC,

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Defendant.

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Defendant Charter has appealed this court’s denial of
its motion to compel arbitration of plaintiff Harper’s PAGA claim
and dismiss remaining count ten claims.

(Docket Nos. 300, 306.)

A federal court can stay a proceeding pending the outcome of an
appeal.

See Nken v. Holder, 556 U.S. 418, 421 (2009).

The power

to stay proceedings “is incidental to the power inherent in every
court to control the disposition of the cases on its docket with

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economy of time and effort for itself, for counsel, and for

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litigants.”

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Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).

Notwithstanding any other recent orders, the court in

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its discretion determines that a stay is appropriate at this

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time.

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STAYED pending final adjudication of defendant’s appeal, and all

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hearing dates are hereby VACATED.

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Accordingly, all proceedings in this case are hereby

IT IS SO ORDERED.
Dated:

September 16, 2022

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