Reyes v. Five Diamond Cold Storage, Inc., et al.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SARA REYES, on behalf of herself and those
similarly situated and the State of California,
Plaintiff,
v.
GROW SMART LABOR, INC., et al.,
Defendants.
Case No. 1:24-cv-00028-JLT-SAB
ORDER RE: STIPULATION TO STAY
MATTER PENDING APPEAL
(ECF No. 73)
On September 21, 2026, the District Judge denied Plaintiff’s motion to certify class.
(ECF No. 71.) On October 8, 2026, Plaintiff filed a notice, as required by Local Rule 205(3),
that she had filed a petition for permission to appeal, pursuant to Federal Rule of Civil Procedure
23(f). (ECF No. 73.) On October 9, 2026, the parties filed a stipulation to stay this case pending
the disposition of the application for permission to appeal. (ECF No. 74.)
For good cause shown, the Court approves the stipulation and ORDERS:
1. All proceedings, dates, and deadlines in this action shall be STAYED pending the
Ninth Circuit’s disposition of Plaintiff’s Rule 23(f) petition and further order of
this Court.
2. The October 20, 2026 joint scheduling report deadline and the October 27, 2026
scheduling conference shall be VACATED.
Case 1:24-cv-00028-JLT-SAB Document 75 Filed 10/13/26 Page 1 of 2

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
3. Within seven (7) days after the Ninth Circuit disposes of the petition, the Parties
shall file a joint status report advising this Court of the disposition and proposing
next steps. If the petition is granted, the report shall state the Parties’ positions
concerning whether the stay should continue during the appeal.
4. The stay shall remain in effect until further order of this Court.
5. Nothing in this stipulation relieves any Party of its obligation to preserve evidence
or waives any claim, defense, or appellate position.
IT IS SO ORDERED.
Dated: October 13, 2026
STANLEY A. BOONE
United States Magistrate Judge
Case 1:24-cv-00028-JLT-SAB Document 75 Filed 10/13/26 Page 2 of 2