Backus v. Biscomerica Corporation
ORDER STAYING CASE Re Docket No. 34 : Joint Status Report due by 9/20/2017. Signed by Judge Haywood S. Gilliam, Jr. on 6/22/2017. (ndrS, COURT STAFF) (Filed on 6/22/2017)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
United States District Court
Northern District of California
Case No. 16-cv-03916-HSG
ORDER STAYING CASE
Re: Dkt. No. 34
Pending before the Court is Plaintiff Troy Backus’ (“Plaintiff”) administrative motion to
stay this action. Dkt. No. 34. Defendant Biscomerica Corporation (“Defendant”) opposes the
motion. Dkt. No. 36. Plaintiff’s motion is based on the fact that two other cases that are fully
briefed and pending before the Ninth Circuit involve substantially similar issues to those raised in
this case. See Dkt. No. 34. Those cases are Hawkins v. The Kroger Company, Case No. 16-55532
(9th Cir.) and Hawkins v. AdvancePierre Foods, Inc., Case No. 16-56697 (9th Cir.). Having
reviewed the parties’ papers and the issues raised in the cases on appeal, the Court finds that
staying the above-captioned case pending resolution of the Hawkins actions could significantly
narrow the issues in this case, conserve judicial resources, and avoid unnecessary legal expense.
The Court therefore STAYS this action in its entirety pending a decision in those actions by the
Ninth Circuit. In the interim, if either side seeks relief from the stay for any purpose, they should
do so via a formal motion. The parties are directed to submit a joint status report on the progress
of the aforementioned appeals by September 20, 2017.
IT IS SO ORDERED.
HAYWOOD S. GILLIAM, JR.
United States District Judge
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