Mario v. Swissport USA, Inc. et al

Filing 35

ORDER GRANTING STIPULATION AS MODIFIED by Hon. William Alsup granting #34 Stipulation.(whalc1, COURT STAFF) (Filed on 8/3/2017)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 11 For the Northern District of California United States District Court 10 FESAITU MARIO, on behalf of himself and all others similarly situated, No. C 17-02099 WHA Plaintiff, 12 13 14 15 16 v. SWISSPORT USA, INC., and SWISSPORT CARGO SERVICES, L..P., ORDER GRANTING STIPULATION AS MODIFIED Defendants. / 17 The Supreme Court granted a writ certiorari in Morris v. Ernst & Young, LLP, 834 F.3d 18 975 (9th Cir. 2016) cert. granted, 137 S. Ct. 809 (U.S. Jan 13, 2017), the controlling decision in 19 our circuit regarding whether class action waivers violate the National Labor Relations Act. 20 The Supreme Court has set Morris for oral argument on October 2, 2017. 21 Pending a decision in Morris, the parties have stipulated to a stay of all discovery 22 deadlines related to class and collective claims. The parties have further stipulated that 23 defendants can move to compel arbitration “until a reasonable time after the U.S. Supreme 24 Court decision in Morris” and that plaintiff will not assert a waiver argument or defense for 25 defendants’ delay in bringing a motion to compel (Dkt. No. 34 at 2). 26 Given that the decision in Morris may alter controlling law on defendants’ ability to 27 compel arbitration, a stay is warranted. Nevertheless, discovery should proceed on Mario’s 28 individual claims. While this discovery should focus on facts and circumstances applicable to Mario, the mere fact that discovery may bear somewhat on class issues is not a basis for 1 refusing discovery. On the other hand, Mario may not overreach and seek discovery not chiefly 2 related to his individual case. 3 If, following the Supreme Court’s decision in Morris, defendants decided to move to 4 compel arbitration, they shall do so within twenty one days of publication the decision in 5 Morris. The parties’ stipulation is GRANTED AS MODIFIED HEREIN. 6 7 8 IT IS SO ORDERED. 9 Dated: August 3, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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