Aguilar v. CSK Auto, Inc. et al

Filing 19

STIPULATION AND ORDER RE 18 to extend stay pending action by the Ninth Circuit. Status Conference set for 4/12/2018 10:00 AM in Courtroom 3, 17th Floor, San Francisco before Judge Richard Seeborg. Signed by Judge Richard Seeborg on 1/9/18. (cl, COURT STAFF) (Filed on 1/9/2018)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 9 ADRIAN AGUILAR, individually and on behalf of all others similarly situated, 10 Plaintiffs, 11 v. 12 CASE NO. 3:17-CV-04263-RS [PROPOSED] ORDER GRANTING STIPULATION TO EXTEND STAY OF ACTION PENDING ACTION BY THE NINTH CIRCUIT COURT OF APPEALS CSK AUTO, INC., O’REILLY AUTOMOTIVE STORES, INC., and DOES 1-10, inclusive, 13 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On January 9, 2018, Plaintiff ADRIAN AGUILAR (“Plaintiff”), and Defendants CSK AUTO, INC., now known as O’Reilly Auto Enterprises, LLC, and O’REILLY AUTOMOTIVE STORES, INC. (collectively, “O’Reilly”), filed a stipulation to extend the stay in this action pending resolution of a Rule 23(f) petition for immediate appeal by the Ninth Circuit Court of Appeals in a first-filed action. Having read and considered the parties’ stipulation, and finding good cause therefore, IT IS HEREBY ORDERED THAT: 1. This stay currently in place in this action shall be continued and extended, for all purposes, for a period of ninety (90) days from the entry of this Order. 2. If the Ninth Circuit denies the plaintiff’s Rule 23(f) petition in the Davidson Action during the pendency of the stay in this action, the stay shall be lifted and O’Reilly shall have 30 days to answer or otherwise respond to Plaintiff’s operative pleading in this action; and, 8307936.1 CASE NO. 3:17-CV-04263-RS 3. 1 That initial case management conference and all other deadlines in this action are 2 April 12 10:00 am hereby vacated. A status conference will be held on _____________________, at ___________, 3 to address the status of the class certification proceedings in the Davidson action, and the 4 potential interlocutory appeal of the same, and, if appropriate, to set new dates in this action. 5 6 DATED: _______________ 1/9/18 7 8 __________________________________ HON. RICHARD SEEBORG UNITED STATED DISTRICT JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8307936.1 2 CASE NO. 3:17-CV-04263-RS

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