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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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FESAITU MARIO, on behalf of himself and
all others similarly situated,
No. C 17-02099 WHA
Plaintiff,

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v.
SWISSPORT USA, INC., and SWISSPORT
CARGO SERVICES, L..P.,

ORDER GRANTING
STIPULATION AS MODIFIED

Defendants.
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The Supreme Court granted a writ certiorari in Morris v. Ernst & Young, LLP, 834 F.3d

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975 (9th Cir. 2016) cert. granted, 137 S. Ct. 809 (U.S. Jan 13, 2017), the controlling decision in

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our circuit regarding whether class action waivers violate the National Labor Relations Act.

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The Supreme Court has set Morris for oral argument on October 2, 2017.

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Pending a decision in Morris, the parties have stipulated to a stay of all discovery

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deadlines related to class and collective claims. The parties have further stipulated that

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defendants can move to compel arbitration “until a reasonable time after the U.S. Supreme

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Court decision in Morris” and that plaintiff will not assert a waiver argument or defense for

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defendants’ delay in bringing a motion to compel (Dkt. No. 34 at 2).

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Given that the decision in Morris may alter controlling law on defendants’ ability to

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compel arbitration, a stay is warranted. Nevertheless, discovery should proceed on Mario’s

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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

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refusing discovery. On the other hand, Mario may not overreach and seek discovery not chiefly

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related to his individual case.

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If, following the Supreme Court’s decision in Morris, defendants decided to move to

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compel arbitration, they shall do so within twenty one days of publication the decision in

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Morris. The parties’ stipulation is GRANTED AS MODIFIED HEREIN.

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IT IS SO ORDERED.

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Dated: August 3, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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For the Northern District of California

United States District Court

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