Singer et al v. Wells Fargo Bank, N.A.

Western District of Texas, txwd-5:2019-cv-00679

ORDER GRANTING 46 Motion to Stay Case Signed by Judge Elizabeth S. Chestney.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION PAUL SINGER, INDIVIDUALLY AND § ON BEHALF OF ALL OTHERS § SIMILARLY SITUATED; SHAMEIKA § SA-19-CV-00679-JKP DIXON, JOHN O'CONNELL, CARLA § WATSON, GLADYS SIFUENTES, § RAQUEL CASTILLO, DARA PULIDO, § KRISTINE BUFFUM, GREGORY § RIELEY, NOEMI RUVALCABA, § TANISHA WILLIAMS, MATTHEW § BESECKER, VANESSA FRANCO, M. § MONTRICE GRAY, LETICIA § MARTINEZ, TIFFANY MORGAN- § FAULKER, JENNIFER QUARTARARO, KAYLA DAVID, RAYMUNDO GARZA, JONATHAN HERNANDEZ, TRICIA ROYAL, PATRICIA WEIGE, KENNY ANDERSON, CHRIS CRISCIONE, KAYLA JONES, NICHOLAS LEFLEM, BRYANA MITCHELL, HALEY CAMPBELL, NICKKI GEORGE, GABRIELLE V. OLIVER, JUDITH PUZIN, LINDA SCHNABEL, JOANN SCHRADE, JENNIFER CARR BATTS, ISOL RIVERON-FERNANDEZ, SHELBY HAMMITT, LINDA S. HESSAA, NAVJOT MEHAT, LESLIE A. TYLER, MATTHEW GARCIA, ANTOINETTE TAYLOR, MARIA E. VERDUGO, RITA WHITE, NIKOLAS MENDOZA, PHYLICIA MINOR, CHRIS DIAZ, SANDRA FURROW, STEPHANIE GUILD, ALINZA JOHNSON, OMEARI LACUE, CARISSA HARRIS, JESSECA HARRISON, KATINA JOHNSON, MARICIA CASON, RENE F. CARSON, AMANDA WILLIAMS, JATAE HAWKINS, JAMEQUA WILLARD, KENZIE NESTER, VIRGINIA TOBIAS, PATRICIA THAYER, ANH VU, TORI JUSTESEN, POLETA KITIONA, WELLYSANE NSEKE, ADIA HENRY, ADRIAN WHITMORE, CHARLOTTE KIMBER, MARVIN BAKER, KAREN SINCLAIR, GEORGE E. SKELTON, Plaintiffs, vs. 1 WELLS FARGO BANK, N.A., JAMES C. COATESIII, Defendants. ORDER Before the Court in the above-styled cause of action is the parties' Joint Motion to Stay the Case, Reschedule the Initial Pretrial Conference and Stipulation Regarding Tolling of the Statute of Limitations Pursuant to 29 U.S.C. § 216(b) [#46]. By their motion, the parties inform the Court that they have agreed to mediate this case on January 22, 2020, to stay this case pending the outcome of the mediation, and to toll the statute of limitations for all future opt-ins from October 30, 2019 to January 30, 2020. Accordingly, they ask the Court to cancel the initial pretrial conference scheduled for October 30, 2019 and reschedule it to a date after January 30, 2020. The Court will grant the motion. IT IS THEREFORE ORDERED that the parties' Joint Motion to Stay the Case, Reschedule the Initial Pretrial Conference and Stipulation Regarding Tolling of the Statute of Limitations Pursuant to 29 U.S.C. § 216(b) [#46] is GRANTED. IT IS FURTHER ORDERED that the statute of limitations is TOLLED for the FLSA claims asserted in this action only from October 30, 2019 until January 30, 2020 for Plaintiffs and all persons who may later opt-in as putative class members in this action. IT IS FURTHER ORDERED that the Initial Pretrial Conference scheduled for October 30, 2019 at 1:00 p.m. is CANCELED. IT IS FURTHER ORDERED that this case is set for an Initial Pretrial Conference at 10:00 a.m. on February 27, 2019, in Courtroom B on the 4th Floor of the John H. Wood, Jr. United States Courthouse, 655 E. Cesar Chavez Boulevard, San Antonio, Texas, 78206. 2 IT IS FURTHER ORDERED that the parties file their joint Rule 26(f) report and proposed revised scheduling recommendations as previously directed on or before February 25, 2019. IT IS FINALLY ORDERED that this case is STAYED pending the outcome of the parties' January 22, 2020 mediation. The parties are directed to file a joint advisory regarding the mediation on or before January 30, 2020. SIGNED this 29th day of October, 2019. ELIZABETH S. ("BETSY") CHESTNEY UNITED STATES MAGISTRATE JUDGE 3