1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 BOB K. LUONG, Case No. 24-cv-02440-BLF

9 Plaintiff,

ORDER GRANTING DEFENDANTS’

10 v. MOTION TO CONTINUE INITIAL

CASE MANAGEMENT CONFERENCE

11 SUPER MICRO COMPUTER, INC., et al., AND ASSOCIATED DEADLINES; AND

CONTINUING INITIAL CASE

12 Defendants. MANAGEMENT CONFERENCE

FROM SEPTEMBER 19, 2024 TO

13 DECEMBER 19, 2024

14 [Re: ECF 22] 15

16 17 Before the Court is Defendants’ administrative motion to continue the Initial Case 18 Management Conference and related deadlines, see Defs.’ Admin. Mot., ECF 22, and Plaintiff’s 19 opposition thereto, see Pl.’s Opp. to Admin. Mot., ECF 24. For the reasons discussed below, 20 Defendants’ administrative motion is GRANTED. The Initial Case Management Conference is 21 CONTINUED from September 19, 2024 at 11:00 a.m. to December 19, 2024 at 11:00 a.m. 22 This is a whistleblower retaliation action brought by Plaintiff Bob K. Luong against 23 Defendants Super Micro Computer, Inc. and its CEO, Charles Liang. Defendants have filed a 24 motion to compel arbitration of Plaintiff’s state law claims and to stay the action with respect to 25 Plaintiff’s sole federal claim brought under the Sarbanes-Oxley Act (“SOX”).1 See Defs.’ Mot. to 26

27 1 Plaintiff’s SOX claim cannot be compelled to arbitration. See 18 U.S.C. § 1514A(e)(2) (“No 1 Compel, ECF 17. Defendants’ motion to compel arbitration and stay action is set for hearing on 2 September 26, 2024, one week after the Initial Case Management Conference currently set for 3 September 19, 2024. Defendants argue that a 90-day continuance of the Initial Case Management 4 Conference, from September 19, 2024 to December 19, 2024, will prevent the waste of resources 5 in the event the motion to compel arbitration and stay action is granted. See Defs.’ Admin. Mot. at 6 || 2 (“There is no reason for this Court to review a Rule 26(f) report and joint discovery plan, hold a 7 Case Management Conference, and issue a scheduling order only to compel Plaintiff to arbitrate 8 || his non-SOX claims and stay this action the following week.”). Plaintiff argues that the requested 9 continuance of the Initial Case Management Conference is not warranted because Defendants are 10 || not likely to prevail on their motion to compel arbitration and stay action. See Pl.’s Opp. to 11 Admin. Mot. at 2. 12 Other courts in this district have granted the type of administrative relief sought by 5 13 || Defendants here, reasoning that “[i]n the interests of conserving the resources of the parties, a 14 || short stay of the initial scheduling obligations and discovery pending the determination of the 3 15 motion to compel arbitration is therefore prudent.” Stiener v. Apple Computer, Inc., No. C 07- 16 4486 SBA, 2007 WL 4219388, at *1 (N.D. Cal. Nov. 29, 2007) (collecting cases). This Court 3 17 likewise finds that a brief continuance of the Initial Case Management Conference and related 18 || deadlines will further judicial economy and conserve of the parties’ resources without imposing 19 any significant prejudice on Plaintiff. 20 ORDER 21 (1) The Initial Case Management Conference is CONTINUED from September 19, 22 2024 at 11:00 a.m. to December 19, 2024 at 11:00 a.m. 23 (2) All related deadlines are reset accordingly. 24 (3) This order terminates ECF 22. 25 26 Dated: August 13, 2024

BETH LABSON FREEMAN

28 United States District Judge