1)Tracy Chen and Matthew Lucadano's Motion to Lift Stay 2) Status Conference Plaintiffs Tracy Chen and Matthew Lucadano’s motion to lift stay is DENIED. The stay in this matter shall continue through resolution of the pending Ninth Circuit appeals in Harvey v. Morgan Stanley Smith Barney, LLC (9th Cir. Nos. 19-16955, 20-15509, 20-15510). Requests for Judicial Notice Plaintiffs’ initial RJN (ROA 1387): GRANTED as to items 1 and 4; DENIED as irrelevant in all other respects. Defendant’s RJN (ROA 1399): GRANTED as to Exhibit A; DENIED as irrelevant as to Exhibit B. Plaintiffs’ reply RJN (ROA 1407): DENIED as irrelevant in all respects. Grounds for Ruling Plaintiffs argue they will be prejudiced if the stay is not lifted. They argue that the Court will eventually have to address the preclusive effect of the Harvey judgment, and that if the Court waits for resolution of the appeals, the delay will make it more difficult to deter Defendant’s alleged Labor Code violations.
But any delay—and t
Hearing Date
August 07, 2020
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1)Tracy Chen and Matthew Lucadano's Motion to Lift Stay 2) Status Conference Plaintiffs Tracy Chen and Matthew Lucadano’s motion to lift stay is DENIED. The stay in this matter shall continue through resolution of the pending Ninth Circuit appeals in Harvey v. Morgan Stanley Smith Barney, LLC (9th Cir. Nos. 19-16955, 20-15509, 20-15510). Requests for Judicial Notice Plaintiffs’ initial RJN (ROA 1387): GRANTED as to items 1 and 4; DENIED as irrelevant in all other respects. Defendant’s RJN (ROA 1399): GRANTED as to Exhibit A; DENIED as irrelevant as to Exhibit B. Plaintiffs’ reply RJN (ROA 1407): DENIED as irrelevant in all respects. Grounds for Ruling Plaintiffs argue they will be prejudiced if the stay is not lifted. They argue that the Court will eventually have to address the preclusive effect of the Harvey judgment, and that if the Court waits for resolution of the appeals, the delay will make it more difficult to deter Defendant’s alleged Labor Code violations.
But any delay—and t