ALVAREZ v. CHIPOTLE MEXICAN GRILL, INC. et al

Filing 29

MEMORANDUM AND ORDER granting 9 Motion for temporary stay, and that all proceedings in this action are STAYED until seven days after the United States District Court for the Eastern District of Texas rules on Chipotle's pending motion for contempt. Signed by Judge Kevin McNulty on 11/14/17. (sr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CARMEN ALVAREZ, on behalf of
herself and all others similarly
situated,
Plaintiff,

Civ. No. 17-40g5 (KM)

MEMORANDUM AND ORDER

V.

CHIPOTLE MEXICAN GRILL, INC.,
and CHIPOTLE SERVICES, LLC,
Defendants.

The defendants (“Chipotle”) have moved (ECF no. 9) for a temporary stay
of this case until seven days after the entry of a ruling on Chipotle’s motion for

contempt in State of Nevada v. United States Department of Labor, Case No. 16CV-0731-ALM, (E.D. Tex. Nov. 22, 2016) (the “Texas case”). It appears that
there is an injunction concerning enforcement of the Department of Labor rule
(the “Final Rule”) upon which plaintiff in this case relies. Still before the court
in the Texas case, however, is Chipotle’s motion for contempt, the outcome of
which may affect this case, or may require the plaintiff to take certain actions
in this case.
The plaintiff has now withdrawn her opposition to entry of the temporary
stay requested by Chipotle. (See Letter of Glen D. Savits, Esq., ECF no. 26)
Chipotle’s motion will therefore be granted.
The plaintiff’s letter also requests informally that any such stay be
extended through the exhaustion of appeals from the ruling in the Texas case.
That relief will not be granted. It depends on facts not yet in existence, and not
before the court—including, most prominently, whether the district court or the
U.S. Court of Appeals for the Fifth Circuit enters a stay pending appeal.

Therefore,
IT IS this 14th day of November, 2017
ORDERED that Chipotle’s motion (ECF no. 9) is GRANTED, and that all

proceedings in this action are STAYED until seven days after the United States
District Court for the Eastern District of Texas rules on Chipotle’s pending
motion for contempt.

KEVIN MCNULTY
United States District Judge