Cuevas v. ConAm Management Corporation et al

Filing 44

ORDER Granting Joint 43 Motion to Stay Proceedings Pending Private Mediation. All proceedings in this matter are stayed for ninety (90) days pending private mediation. The Court vacates the hearing on Plaintiff's motion to leave to file an amended complaint set on July 12, 2019 and motion for conditional certification set on August 2, 2019. Signed by Judge Gonzalo P. Curiel on 6/4/19. (dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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ELIZABETH CUEVAS, as an
individual and on behalf of all others
similarly situated,
Plaintiff,

Case No. 3:18-cv-1189-GPC-LL
ORDER GRANTING JOINT
MOTION TO STAY PROCEEDINGS
PENDING PRIVATE MEDIATION

vs.

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CONAM MANAGEMENT
CORPORATION, a California
corporation; and DOES 1 through 10,
inclusive,

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Defendants.

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3:18-CV-1189-GPC-LL

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This matter came before the Court on joint motion by Plaintiff Elizabeth

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Cuevas (“Plaintiff”) and Defendant Conam Management Corporation

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(“Defendant”) to stay all proceedings in this matter for ninety (90) days pending

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mediation.

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After consideration of all the papers submitted and all other matters
presented to the Court in this action, the Court GRANTS the parties’ Motion.
There is no risk of prejudice since the parties jointly seek a stay, the parties

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have agreed to limited tolling of the applicable limitations period, and a stay would

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conserve both the parties’ and this Court’s resources.

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Therefore, IT IS HEREBY ORDERED that all proceedings in this matter

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are stayed for ninety (90) days pending private mediation. All currently applicable

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dates and deadlines, including discovery deadlines, are hereby taken off calendar.

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Per the parties’ agreement, should a collective be preliminarily certified, the

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applicable statute of limitations will be calculated from ninety (90) days prior to the

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date of certification for absent members of the collective. Specifically, the Court

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VACATES the hearing on Plaintiff’s motion to leave to file an amended complaint

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set on July 12, 2019 and motion for conditional certification set on August 2, 2019.

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It is HEREBY FURTHER ORDERED that, no later than seven (7)

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calendar days after this stay expires, the parties will either advise this Court of the

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status of the settlement (if any) or shall jointly propose revised dates governing this

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matter going forward.

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IT IS SO ORDERED.

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Dated: June 4, 2019

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3:18-CV-1189-GPC-LL