STIPULATED MOTION TO STAY PROCEEDINGS

MARSHA J. PECHMAN, Senior District Judge.

Plaintiffs Linda Schumacher, Robb Israel, Surena Israel, and Miranda Thorpe, and defendants Jay Inslee, Cheryl Strange, and Service Employees International Union Local 775 ("SEIU 775") jointly move the Court to stay proceedings in this action (except for ruling on the State defendants' pending motion to dismiss, Dkt. No. 23) until such time as plaintiffs, or any of them, opt out of the tentative class-wide settlement in the related case of Routh v. Inslee, 2:14cv-200-MJP, Ninth Cir. Case No. 16-35749.1

Plaintiffs filed their original complaint in this action on July 3, 2018. Dkt. 1. The case was initially assigned to the Hon. Benjamin H. Settle. Plaintiffs seek to represent a class comprising all Individual Providers ("IPs) who, pursuant to RCW 41.56.113(b)(1) and the Collective Bargaining Agreement ("CBA") between the State and SEIU 775, had union dues and/or dues equivalent fees deducted by the State and paid to SEIU 775 without "clear, prior affirmative consent" and who objected to such deductions or union membership. Amended Complaint, Dkt. No. 7, ¶ 28. On July 27, 2018, SEIU 775 filed a Notice of Related Cases regarding the Schumacher and Routh actions. Dkt. No. 9. On August 23, 2018, the Clerk reassigned the Schumacher action to the Hon. Marsha Pechman.

Similar to the instant action, the Routh case was a putative class action challenging the State's payroll deduction of SEIU 775 dues and fees from IPs. Routh Dkt. No. 68. This Court entered final judgment in the Routh case in favor of the State defendants and SEIU 775 on August 16, 2016. Routh Dkt. No.196. The Routh Plaintiffs appealed to the Ninth Circuit this Court's denial of their original motion for class certification; denial of their renewed motion for class certification; denial of their motion for summary judgment, and the grant of summary judgment to defendants. Routh Dkt. No. 205.

While the Routh appeal was pending, the United States Supreme Court decided Janus v. AFSCME Council 31, 138 S.Ct. 2448 (2018). Janus disposed of many of the legal issues in the Routh appeal. Declaration of Michael C. Subit (Oct. 22, 2018) ("Subit Dec.") ¶ 2. The only issues remaining in Routh were the claims for dues/fees refunds. Id. The parties in Routh jointly requested, and the Ninth Circuit ordered, oral argument be deferred and the case designated for mediation. Id. Mediation was ultimately set for October 10, 2018, with Teresa Wakeen serving as mediator. Id.

Meanwhile the parties in the instant action initiated their Rule 26(f) conference on September 20, 2018. Id. at ¶ 3. Instead of proceeding with the conference, they agreed to request a 30-day extension of the deadlines to complete the conference and Joint Status Report pending the outcome of the Routh mediation. Id. The Court granted the parties' request.

Following a full-day of mediation, the Routh parties reached a settlement of that action. Subit Dec. at ¶ 4. The settlement covers all members of the original proposed Routh class. Id. Once the parties have drafted a final settlement agreement, they will jointly move the Ninth Circuit to remand the Routh matter to this Court for further proceedings to effectuate the settlement. Id. If approved by this Court, the Routh settlement may cover the named plaintiffs in the Schumacher action.

Given the settlement reached in the Routh action, the parties here believe that engaging in further litigation at this time would not be an efficient use of attorney and judicial resources. Accordingly, the parties jointly move this Court to stay further proceedings in this case except for ruling on the State defendants' pending motion to dismiss, which has been fully briefed, Dkt. No. 23, until such time as the named plaintiffs, or any of them, opt out of the Routh settlement and continue pursuing the instant litigation.

It is so ORDERED.