Juarez et al v. Jani-King of California, Inc. et al

Filing 314

ORDER VACATING STAY OF CASE.The Court VACATES the Stay in this action. Joint Statement due by 2/5/2021. Compliance Hearing is set for 2/12/2021 09:01 AM VIA ZOOM WEBINAR Videoconference before Judge Yvonne Gonzalez Rogers. Signed by Judge Yvonne Gonzalez Rogers on 1/15/2021. (fs, COURT STAFF) (Filed on 1/15/2021)

1
2

UNITED STATES DISTRICT COURT

3

NORTHERN DISTRICT OF CALIFORNIA

4
5

ALEJANDRO JUAREZ, ET AL.,
Plaintiffs,

6
7
8
9
10

CASE NO. 09-cv-03495-YGR
ORDER VACATING STAY OF CASE

vs.
JANI-KING OF CALIFORNIA, INC., ET AL.,
Defendants.

On September 24, 2019, the Ninth Circuit entered an order in Vazquez v. Jan-Pro

United States District Court
Northern District of California

11

Franchising Int’l, Inc., Case No. 17-16096, Dkt. No. 117, certifying to the California Supreme

12

Court the question of whether Dynamex Operations West Inc. v. Superior Court, 416 P.3d 1 (Cal.

13

2018) applies retroactively. On November 20, 2019, the California Supreme Court granted the

14

Ninth Circuit’s request for certification. Vazquez v. Jan-Pro Franchising Int’l, Inc., Case No.

15

S258191. On January 14, 2021, the California Supreme Court issued a unanimous decision

16

confirming that its “decision in Dynamex applies retroactively to all nonfinal cases that predate the

17
18
19
20
21
22

effective date of the Dynamex decision.”
In light of these new developments, the Court vacates the STAY this action. Parties shall
meet and confer and file a joint statement regarding the impact of the California Supreme Court’s
decision on this action, including whether the parties require a case management conference. A
compliance hearing shall be held on the Court’s 9:01 a.m. calendar on Friday, February 12,
2021 via the Zoom platform. Five (5) business days prior to the date of the compliance hearing,
the parties shall file the joint statement. If compliance is complete, the parties need not appear,

23
and the compliance hearing will be taken off calendar.
24
IT IS SO ORDERED.
25
26
Dated: January 15, 2021
27
28

YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE