JOINT STIPULATION TO STAY ACTION PENDING APPEAL OF RELATED ACTION; [PROPOSED ORDER; and ORDER ON MOTIONS TO DISMISS (DOC. NOS. 23, 24, 35)

ANTHONY W. ISHII, Senior District Judge.

IT IS HEREBY STIPULATED BY AND BETWEEN Plaintiffs Samuel Mercado, Donald Gayle, Jesus Ramos, Jesus Andrade, Gilberto Gonzalez Betancourt, Wanna Win, Musa Gowon, Jose Portillo Mayorga, Victor Martinez, Jorge Rivera-Vallejo, Edgar Prado Castaneda, Gonzalo Cisneros Reyes, Lucio Palmoares, and Hector Bazan, Defendants Management & Training Corporation, M. Benov, (`the MTC Defendants") and Federal Bureau of Prison and the United States (collectively the "Federal Defendants"), by and through their respective attorneys of record, as follows:

This case involves fourteen current and former Federal Bureau of Prisons (BOP) inmates suing the United States; its contractor, Management & Training Corporation; and the warden of the Taft Correctional Institution (Taft CI), Michael Benov, for a miscellany of claims arising from the alleged failure to prevent the Plaintiffs from contracting Coccidioidomycosis (commonly referred to as Valley Fever or Cocci) while incarcerated at Taft CI. A dispositive issue in this case is whether plaintiffs' causes of action are barred by the independent contractor exception to the Federal Tort Claims Act because MTC controlled the "day to day" operations at Taft CI.

Plaintiffs' claims are related to the clams in the matter of Edison v United States, 1:12-CV-2026 AWI-JLT, which matter is currently on appeal as Ninth Circuit Case No. 14-15472. The issue on appeal in Edison, includes the "the exact legal confines of the independent contractor exception, and how it is to be applied to the United States Government," ... and a "more clarified and comprehensible understanding as to what claims may be asserted against the United States, in this context, would assist this and other district courts." (ECF No. 76 in 1:12-CV-2026, 9:1-12). The appeal is pending and the opening brief is due on June 20, 2014, so a stay will not cause substantial delay in this action. Leyva v. Certified Grocers of California, Ltd., 593 F.2d 857, 863-64 (9th Cir.1979) ("[a] trial court may, with propriety, find it is efficient for its own docket and the fairest course for the parties to enter a stay of an action before it, pending resolution of independent proceedings which bear upon the case.").

The undersigned parties herby stipulate the Court stay this action pending the appeal of Edison v United States, Ninth Circuit Case No. 14-15472, and that there is good cause for the reasons set forth above. The parties further stipulate that they reserve their rights to supplement the briefing on the motions to dismiss with any ruling by the Ninth Circuit. The undersigned parties respectfully request the Court issue the [proposed] order set forth below as agreed to and stipulated by the parties.

ORDER

Having reviewed the stipulation submitted by the parties, and for good cause, IT IS HEREBY ORDERED that:

IT IS SO ORDERED.