Gonzalez v. TRW Contracting, Inc. et al

Filing 82

ORDER granting in part and denying in part 79 Motion to Stay. Signed by Magistrate Judge Andrea M. Simonton on 7/14/2010. (AMS)

Gonzalez v. TRW Contracting, Inc. et al

Doc. 82

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 09-23023-CIV-UNGARO/SIMONTON LUIS GONZALEZ, Plaintiff, v. TRW CONTRACTING, INC., et al., Defendants. / ORDER GRANTING, IN PART, DEFENDANTS' ORE TENUS MOTION TO STAY This matter was before the Court for a hearing on July 14, 2010, with respect to Plaintiff's Motion for Sanctions (DE # 64) and Defense Counsel's Motion to Withdraw (DE # 71). During the hearing, the Defendants made an ore tenus motion to stay this case pending the disposition of six consolidated FLSA cases presently pending in the Eleventh Circuit Court of Appeals which concern the issue of the jurisdictional interstate commerce requirement. The lead case is Polycarpe v. E&S Landscaping Service, Case No. 08-15154-EE. At the conclusion of the hearing, based upon a review of the record as a whole, including the fact that defense counsel is permitted to withdraw, the need for additional discovery which bears upon the existence of jurisdiction under the FLSA, and the fact that the issues pending in the Eleventh Circuit are substantially similar to the issues pending in this case, the undersigned determined that it was appropriate to stay the case, in part. The Defendants have been given twenty days to obtain new counsel, and the case has been stayed during that time. Additional discovery permitted by the Court's Order on the Motion for Sanctions shall be completed on or before August 17, 2010. It is appropriate to extend the deadline for responding to the cross-motions for

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summary judgment until the completion of discovery. Therefore, it is appropriate to have a status conference following the completion of discovery to determine whether the case, as a whole, should be stayed pending the decision of the Eleventh Circuit Court of Appeals in Polycarpe. It also appears likely that a decision in Polycarpe may be rendered by that time. Therefore, based upon a review of the record as a whole, it is hereby ORDERED AND ADJUDGED that the ore tenus Motion to Stay (DE # 79) is GRANTED IN PART, to the extent that the responses to the cross-motions for summary judgment are stayed, and the pretrial conference, trial, and related deadlines are continued, until further Order of the Court. A telephonic status and scheduling conference is set for August 23, 2010 at 2:00 p.m. to reset the dates for filing responses to the cross-motions for summary judgment, the pretrial conference, trial and related deadlines. At that time, the Court will consider any renewed motion to extend the stay pending disposition of Polycarpe by the Eleventh Circuit Court of Appeals. Counsel for Plaintiff shall initiate the conference by placing a telephone call to the chambers of the undersigned Magistrate Judge (305-523-5930), with all parties on the line. DONE AND ORDERED in chambers in Miami, Florida on July 14, 2010.

ANDREA M. SIMONTON UNITED STATES MAGISTRATE JUDGE Copies to: All counsel of record

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