USA Farm Labor, Inc. v. Su, et al

Filing 56

ORDER that the Pltfs' 55 Unopposed MOTION to Stay Proceedings is DENIED. IT IS FURTHER ORDERED that the parties shall file their Certificate of Initial Attorneys' Conference (CIAC Report) no later than 11/17/2023. Signed by Chief Judge Martin Reidinger on 11/15/2023. (ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:23-cv-00096-MR-WCM

USA FARM LABOR, INC. et al.,

)
)
Plaintiffs,
)
)
vs.
)
)
JULIE SU, Acting
)
Secretary of Labor, U.S.
)
Department of Labor, et al.,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Plaintiffs’ Unopposed Motion
to Stay Proceedings.

[Doc. 55].

The Court held a telephonic status

conference with the parties regarding the Plaintiffs’ Motion on November 9,
2023.
In their motion, the Plaintiffs move to stay the proceedings in this case
pending a decision by the Court of Appeals on their appeal of the Order
denying their motions for injunctive relief. [Doc. 55]. While not joining in the
motion, the Defendants do not oppose the Plaintiffs’ request. [Id.].
Upon review of the Plaintiffs’ Motion, the Court finds that the Plaintiffs
have not demonstrated good cause for the requested stay at this time. The
Plaintiffs’ primary argument appears to be that extensive discovery will be

required in this matter, and that proceeding forward with the litigation while
the appeal remains pending would result in a waste of time and resources.
However, it is not apparent at this time that any such discovery will be
required in order to resolve the issues presented by the parties. Accordingly,
the Plaintiffs’ Motion is denied without prejudice.
The parties shall file their Certificate of Initial Attorneys’ Conference no
later than November 17, 2023, after which the Magistrate Judge will enter a
case management order.
IT IS, THEREFORE, ORDERED that the Plaintiffs’ Unopposed Motion
to Stay Proceedings [Doc. 55] is DENIED.
IT IS FURTHER ORDERED that the parties shall file their Certificate
of Initial Attorneys’ Conference no later than November 17, 2023.
IT IS SO ORDERED.
Signed: November 15, 2023

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