Su v. SL One Global, Inc.

Opinion

----oo0oo---- JULIE A. SU, Acting Secretary of No. 2:22-cv-00583 WBS DB Labor, United States Department of Labor, Plaintiff, ORDER RE: MOTIONS TO STAY1 v. SL ONE GLOBAL, INC., dba VIVA SUPERMARKET, a California corporation; SMF GLOBAL, INC. dba VIVA SUPERMARKET, a California corporation, NARI TRADING, INC., dba VIVA SUPERMARKET; UNI FOODS, INC., dba VIVA SUPERMARKET, a California corporation; SEAN LOLOEE, an individual, and as owner and managing agent of the Corporate Defendants; and KARLA MONTOYA, an individual, and managing agent of the Corporate Defendants, Defendants. ----oo0oo---- 1 These motions are decided on the papers without oral argument pursuant to Local Rule 230(g). On November 22, 2023, due to a grand jury investigation against defendants Loloee and Montoya, defendants moved to stay the Secretary’s discovery, or in the alternative to stay the case in its entirety. (Docket No. 96.) The Secretary opposed the motion. (Docket No. 104.) Defendants Loloee and Montoya were subsequently indicted on December 14, 2023, in United States v. Loloee et al., 2:23-cr-0320 KJM. Several of the charges allege improper employment practices occurring at the same companies involved in this civil action and/or relate to the same Department of Labor investigations that form the basis for this action. (See U.S. v. Loloee et al., Docket No. 1.) Following the filing of the indictment, the Secretary filed a separate motion requesting a complete stay of the case, recognizing that the indictment implicates Loloee and Montoya’s Fifth Amendment rights against self-incrimination. (Docket No. 112.) Because the parties agree that a stay is warranted, and good cause appearing under Keating v. Office of Thrift Supervision, 45 F.3d 322 (9th Cir. 1995), both motions to stay the case (Docket Nos. 96, 112) are hereby GRANTED. This case is hereby STAYED in its entirety and all case deadlines are vacated pending resolution of the criminal proceedings against the individual defendants in United States of America v. Shahriar “Sean” Loloee and Karla Montoya, 2:23-cr-0320 KJM. Within 30 days of final judgment being entered as to both defendants in the criminal action, the parties shall file a Joint Status Report proposing a schedule and plan for resolution nnn nnn nnn nn nn nn nn nnn nnn en on nn nnn eS I NO OE

of this case. The January 8, 2024 and February 5, 2024 hearings on the parties’ motions to stay are hereby VACATED. The Secretary’s motion to shorten time for briefing on her motion to stay (Docket No. 113) is hereby DENIED AS MOOT. Dated: December 22, 2023 ahi hem A fh be WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE