Echevarria v. Aerotek, Inc. et al

Filing 70

ORDER GRANTING 49 DEFENDANT'S MOTION TO STAY ALL PROCEEDINGS PENDING APPEAL. Signed by Judge Beth Labson Freeman on 4/3/2017.(blflc1S, COURT STAFF) (Filed on 4/3/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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JAIME ECHEVARRIA,

Case No. 16-cv-04041-BLF
ORDER GRANTING DEFENDANT’S
MOTION TO STAY ALL
PROCEEDINGS PENDING APPEAL

Plaintiff,

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v.

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AEROTEK, INC.,

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[Re: ECF 49]

Defendant.

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On January 3, 2017, this Court issued an order denying Defendant Aerotek, Inc.’s Motion

United States District Court
Northern District of California

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to Compel Individual Arbitration, Dismiss Class Claims, and Stay PAGA Claim. See ECF 42.

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The Court’s ruling turned on its application of Morris v. Ernst & Young, LLP, 834 F.3d 975 (9th

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Cir. 2016). On January 13, 2017, the Supreme Court granted certiorari with respect to Morris.

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See Ernst & Young v. Morris, 137 S. Ct. 809 (2017).

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Aerotek appealed this Court’s order, see ECF 46, moved this Court to stay all proceedings

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in this case pending disposition of its appeal, see ECF 49, and moved the Ninth Circuit to stay

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appellate proceedings pending the Supreme Court’s resolution of Morris, see ECF 67. The Ninth

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Circuit granted the latter motion, ordering that “[t]his case is stayed until October 10, 2017.”

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Ninth Circuit Order, ECF 67. The Ninth Circuit directed that, on or before that date, Aerotek must

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“file the opening brief or file a motion addressing the status of the Morris case and requesting

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continuance of the stay or appropriate relief.” Id.

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To the extent that the Ninth Circuit’s order does not stay proceedings in this Court,

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Aerotek’s motion to stay all proceedings pending appeal is GRANTED. As the Ninth Circuit’s

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stay order reflects, whether Plaintiff Jaime Echevarria may proceed with his class claims in this

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action turns squarely on the outcome of the Supreme Court’s review of Morris.

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IT IS SO ORDERED.
Dated: April 3, 2017

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BETH LABSON FREEMAN
United States District Judge