Garate v. Lincare, Inc.

Opinion

IGNACIO GARATE, on behalf of Case No. 3:24-cv-0768-CAB-MSB himself and all others similarly situated, [Assigned to Hon. Cathy Ann Plaintiff, Bencivengo and Magistrate Hon. Michael S. Berg] v. ORDER RE: AUTOMATIC STAY LINCARE INC., a Delaware Corporation; and DOES 1-50, inclusive,

Defendants. Trial Date: None Set Date Action Filed: March 27, 2024 Removal Filed: April 29, 2024

TO ALL PARTIES AND THEIR COUNSEL OF RECORD: On October 10, 2024, Defendant LINCARE INC. filed a NOTICE OF APPEAL FROM COURT’S ORDER DENYING DEFENDANT’S MOTION TO COMPEL ARBITRATION pursuant to 9 U.S.C. § 16(a). ECF 18. The filing of an interlocutory appeal on the question of arbitrability triggers an automatic stay of district court proceedings. See Coinbase, Inc. v. Bielski, 599 U.S. 736 (2023). As aresult of the automatic stay, all deadlines and hearings that have previously been set are vacated. The parties shall notify the Court within three business days of any decision or resolution of the appeal. IT IS SO ORDERED.

Dated: November 14, 2024 Hon. Cathy Ann Bencivengo United States District Judge -2- ORDER RE: AUTOMATIC STAY