Kater v. Churchill Downs Incorporated

Filing 121

ORDER signed by Judge Ronald B. Leighton, re 100 Motion to Compel. Case sua sponte STAYED pending the Ninth Circuit's decision in Huuuge. (DK)

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HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CHERYL KATER, et. al.,

CASE NO. C15-612RBL

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Plaintiffs,
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ORDER

v.
CHURCHILL DOWNS
INCORPORATED, et al.,

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Defendants.
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THIS MATTER is before the Court on its own motion. The Court previously stayed
discovery in this case (other than pre-amendment, outstanding discovery by Kater to Churchill
Downs), pending resolution of Defendants’ Motion to Compel Arbitration of the claims in
plaintiffs’ amended complaint.
The Court today STAYED this cases companion case, Thimmegowda v. Big Fish Casino,
et al., Cause No. 19-199RBL, pending the Ninth Circuit’s resolution of similar issues in a similar
case, Wilson v. Huuuge, Cause No. 18-5276RBL. Huuuge was recently argued before the Ninth
Circuit. Defendants have since re-noted their pending Motion to Compel Arbitration for October
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this case.

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ORDER - 1

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The Court agrees with that approach. It will sua sponte STAY this case, pending the

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Ninth Circuit’s decision in Huuuge. The pending motion [Dkt. # 100] is TERMINATED without

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resolution, and Defendants may re-file (or revise) their motion to compel after the Ninth Circuit

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decides Huuuge. The parties may also weigh in on whether the Court should also await the Ninth

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Circuit’s decisions in Benson v. Double Down Interactive LLC, et.al., Cause No. 18-cv-

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0525RBL and Wilson v Playtika, Cause No. 18-5277RBL.

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The parties’ stipulation [Dkt. # 118] regarding the outstanding discovery remains in

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place, and this Order should not be read to apply to ongoing, previously-permitted discovery.

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The goal is to delay the motion to compel and any other motion practice until Huuuge is decided.

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IT IS SO ORDERED.

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Dated this 12th day of September, 2019.

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A

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Ronald B. Leighton
United States District Judge

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ORDER - 2