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)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 12 EXCEL CONCRETE CONSTRUCTION, INC., 15 16 ORDER GRANTING JOINT MOTION TO STAY Plaintiff, 13 14 Case No.: 17-CV-1506 JLS (BLM) v. (ECF No. 14) UNITED RENTALS (NORTH AMERICA), INC., and UNITED RENTALS, INC., Defendants. 17 18 19 Presently before the Court is Plaintiff Excel Concrete Construction, Inc. and 20 Defendants United Rentals (North America), Inc. and United Rentals, Inc.’s (collectively 21 “Parties”) Joint Motion to Stay Pending Mediation. (ECF No. 14.) The Parties represent 22 that they have voluntarily agreed to mediate this litigation and the first available date for 23 the Parties and their mediator is January 12, 2018. (Id. at 2.) The Parties request a ninety 24 (90) day stay of the entire matter and propose to jointly report to the Court the results of 25 the mediation. (Id.) 26 “District courts have inherent authority to stay proceedings before them.” Rohan ex 27 rel. Gates v. Woodford, 334 F.3d 803, 817 (9th Cir. 2003), abrogated on other grounds by 28 Ryan v. Gonzales, 568 U.S. 57 (2013). “[T]he power to stay proceedings is incidental to 1 17-CV-1506 JLS (BLM) 1 the power inherent in every court to control the disposition of the causes on its docket with 2 economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 3 299 U.S. 248, 254 (1936). In light of the foregoing, the Court finds that granting the 4 requested stay would best promote the interests of securing a just, speedy, and inexpensive 5 determination of the action. See Fed. R. Civ. P. 1. Accordingly, the Court GRANTS the 6 Parties’ Joint Motion. This action is hereby STAYED for ninety (90) days from when this 7 Order is electronically docketed. 8 including the hearing scheduled for November 2, 2017 on Defendants’ Motion to Dismiss, 9 (ECF No. 10), until further order of the Court. The Parties SHALL FILE a joint status 10 11 12 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 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 17-CV-1506 JLS (BLM)

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