Excel Concrete Construction, Inc. v. United Rentals (North America), Inc. et al

Filing 16

ORDER Granting #14 Joint Motion to Stay. This action is hereby stayed for ninety (90) days from when this order is electronically docketed. Accordingly, the Court vacates all deadlines, including the hearing scheduled for 11/2/2017 on Defendants' Motion to Dismiss,(ECF No. #10 ), until further order of the Court. The Parties shall file a joint status report on or before seven (7) days of the conclusion of this 90-day stay. Signed by Judge Janis L. Sammartino on 10/18/2017. (mpl) (jao).

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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EXCEL CONCRETE CONSTRUCTION,
INC.,

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ORDER GRANTING JOINT
MOTION TO STAY

Plaintiff,

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Case No.: 17-CV-1506 JLS (BLM)

v.
(ECF No. 14)

UNITED RENTALS (NORTH
AMERICA), INC., and UNITED
RENTALS, INC.,
Defendants.

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Presently before the Court is Plaintiff Excel Concrete Construction, Inc. and

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Defendants United Rentals (North America), Inc. and United Rentals, Inc.’s (collectively

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“Parties”) Joint Motion to Stay Pending Mediation. (ECF No. 14.) The Parties represent

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that they have voluntarily agreed to mediate this litigation and the first available date for

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the Parties and their mediator is January 12, 2018. (Id. at 2.) The Parties request a ninety

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(90) day stay of the entire matter and propose to jointly report to the Court the results of

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the mediation. (Id.)

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“District courts have inherent authority to stay proceedings before them.” Rohan ex

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rel. Gates v. Woodford, 334 F.3d 803, 817 (9th Cir. 2003), abrogated on other grounds by

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Ryan v. Gonzales, 568 U.S. 57 (2013). “[T]he power to stay proceedings is incidental to
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17-CV-1506 JLS (BLM)

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the power inherent in every court to control the disposition of the causes on its docket with

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economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co.,

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299 U.S. 248, 254 (1936). In light of the foregoing, the Court finds that granting the

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requested stay would best promote the interests of securing a just, speedy, and inexpensive

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determination of the action. See Fed. R. Civ. P. 1. Accordingly, the Court GRANTS the

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Parties’ Joint Motion. This action is hereby STAYED for ninety (90) days from when this

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Order is electronically docketed.

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including the hearing scheduled for November 2, 2017 on Defendants’ Motion to Dismiss,

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(ECF No. 10), until further order of the Court. The Parties SHALL FILE a joint status

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Accordingly, the Court VACATES all deadlines,

report on or before seven (7) days of the conclusion of this 90-day stay.
IT IS SO ORDERED.
Dated: October 18, 2017

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17-CV-1506 JLS (BLM)