DelRosario v. PNC Financial Services Group, Inc.

• Court: District Court, E.D. California
• Decided: June 25, 2025
• Docket: 1:25-cv-00376
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RONALDO E. DELROSARIO, Case No. 1:25-cv-00376-KES-HBK 12 Plaintiff, ORDER GRANTING STAY OF ACTION, MOOTING MOTION TO COMPEL 13 v. ARBITRATION AND VACATING INITIAL SCHEDULING CONFERENCE 14 PNC FINANCIAL SERVICES GROUP, INC., (Doc. Nos. 11, 13) 15 Defendant. 16 17 On June 17, 2025, Plaintiff Ronaldo E. DelRosario filed a motion seeking a stay of this 18 action pending completion of arbitration. (Doc. No. 13). Plaintiff advises that, pursuant to the 19 arbitration agreement between the parties, a copy of which is attached to counsel’s declaration 20 (Doc. No. 13-1, Exhibit A), the parties have agreed to participate in arbitration. As a result, 21 Plaintiff contends that Defendant PNC Financial Services Group, Inc.’s motion to compel 22 arbitration is moot. Indeed, in the Parties’ Joint Case Scheduling Report, Defendant notes “no 23 initial disclosures should be exchanged or required because Plaintiff has initiated arbitration with 24 JAMS, and discovery will be handled by the arbitrator.” (Doc. No. 14 at 4-5). 25 A court is vested with broad discretion to stay a case. Clinton v. Jones, 520 U.S. 681, 705 26 (1997) (citing Landis v. North American Co., 299 U.S. 248, 254 (1936)). The “party requesting a 27 stay bears the burden of showing that the circumstances justify an exercise of that discretion.” 28 Nken v. Holder, 556 U.S. 418, 433-34 (2009). Generally, “stays should not be indefinite in 1 | nature.” Dependable Highway Exp., Inc. v. Navigators Ins. Co., 498 F.3d 1059, 1066-67 (9th Cir. 2 | 2007). If a stay is especially long or indefinite, a greater showing is required to justify it and the 3 | court must “balance the length of any stay against the strength of the justification given for it.” 4 | Yong v. I.N.S., 208 F.3d 1116, 1119 (9th Cir. 2000). Section 3 of the Federal Arbitration Act 5 || expressly provides that the Court “shall . . . stay the trial of the action until such arbitration has 6 | been had in accordance with the terms of the agreement.” 9 U.S.C. § 3. Thus, Plaintiff has met 7 | his burden to justify a stay of this action. 8 Accordingly, it is ORDERED: 9 1. Plaintiff's motion to stay (Doc. No. 11) is GRANTED and this action, including all 10 discovery, is STAYED pending arbitration. 11 2. Defendant’s motion to compel (Doc. No. 10) is MOOT. 12 3. Within fourteen (14) days of the issuance of the arbitrator’s decision, the Parties shall 13 notify the Court that arbitration proceedings have concluded and file a joint status 14 report. 15 4. The Court vacates all hearing dates and related deadlines, including the July 3, 2025 16 Initial Scheduling Conference. 17 Dated: __June 25,2025 Wiha. Mh. Bareh Zaskth 19 HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE

21 22 23 24 25 26 27 28