Donovin Last v. M-I, L.L.C.

Opinion

5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DONOVIN LAST, an individual, on behalf Case No. 1:20-cv-01205-KES-EPG of himself and all others similarly situated, 12 ORDER GRANTING PLAINTIFF’S Plaintiff, REQUEST FOR A STAY 13

v. (ECF No. 92). 14 15 M-I, L.L.C., 16 Defendant. 17 18 On February 12, 2024, District Judge Dale A. Drozd issued an order granting Defendant’s 19 motion to compel arbitration pursuant to the Federal Arbitration Act, and staying this case 20 pending arbitration until July 15, 2024, “unless new authority requires that the stay be extended 21 for so long as the arbitration proceedings are ongoing.” (ECF No. 90 at 22). On May 22, 2024, 22 Plaintiff filed a request for a stay, citing a recently issued Supreme Court decision, Smith v. 23 Spizzirri, 144 S.Ct. 1173 (May 16, 2024). (ECF No. 92). In Spizzirri, the Supreme Court held that 24 “[w]hen a district court finds that a lawsuit involves an arbitrable dispute, and a party requests a 25 stay pending arbitration, § 3 of the FAA compels the court to stay the proceeding.” 144 S.Ct at 26 1178. Defendant has not filed an opposition to Plaintiff’s request. 27 \\\ 28 \\\ 1 In light of this new authority, Plaintiff's request for a stay (ECF No. 92) is GRANTED. 2 | This case shall remain stayed pending arbitration proceedings. The parties shall file a joint status 3 || report regarding the status of arbitration within ninety (90) days of this order. 4 ; IT IS SO ORDERED.

6| Dated: _ June 6, 2024 □□□ hey 7 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28