Echevarria v. Aerotek, Inc. et al

Filing 114

ORDER LIFTING STAY AND REMANDING ACTION TO SANTA CLARA COUNTY SUPERIOR COURT. Signed by Judge Beth Labson Freeman on 8/25/2020. (blflc1S, COURT STAFF) (Filed on 8/25/2020)

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6

SAN JOSE DIVISION

7
8

JAIME ECHEVARRIA,
Plaintiff,

9
v.

11

United States District Court
Northern District of California

10

AEROTEK, INC.,

12

Case No. 16-cv-04041-BLF
ORDER LIFTING STAY AND
REMANDING ACTION TO SANTA
CLARA COUNTY SUPERIOR COURT

Defendant.

13
14
15

On June 17, 2019, the Court issued an order denying Defendant’s motion to dismiss

16

Plaintiff’s representative PAGA claim and to compel arbitration of any individual PAGA claim,

17

and granting Plaintiff’s motion to remand this action to the Santa Clara County Superior Court.

18

See Order, ECF 96. The Court thereafter granted Defendant’s motion for a stay pending appeal.

19

See Order Granting Motion to Stay, ECF 105.

20

On August 3, 2020, the United States Court of Appeals for the Ninth Circuit (“Ninth

21

Circuit”) issued a Memorandum affirming in part and vacating in part this Court’s order. See

22

Memorandum, ECF 112. The Ninth Circuit affirmed the portion of this Court’s order remanding

23

the action and vacated the portion of the order addressing the issue of preemption. See id. at 2-3.

24

The Ninth Circuit held that once this Court decided to decline supplemental jurisdiction of the

25

PAGA claim, the Court was divested of jurisdiction to decide the preemption issue. See id. at 3.

26

The Ninth Circuit ordered that “[t]he entirety of the PAGA litigation, including the issue of

27

preemption, should be remanded to state court.” Id. The Ninth Circuit’s Mandate issued on

28

August 25, 2020. See Mandate, ECF 113.

1
2
3

Accordingly, the stay of litigation is LIFTED and the action is REMANDED to the Santa
Clara County Superior Court. The Clerk shall close the file.
IT IS SO ORDERED.

4
5
6
7

Dated: August 25, 2020
______________________________________
BETH LABSON FREEMAN
United States District Judge

8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2