GRATUITY, LLC
v.
MAGNUSON
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The court granted the unopposed motion to stay proceedings as to Defendant Farrelli's Management Services, LLC.
Plaintiffs sued defendants for patent infringement. Plaintiffs sought to stay proceedings against Farrelli's, a client, pending resolution of related …
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ORDER1
Before the Court is an Unopposed Motion to Stay Proceedings as to Defendant Farrelli’s Management Services, LLC.2 (Doc. 24). This is a patent infringement case involving software products that provide an automated alternative to traditional tip and gratuity calculations. Farrelli’s is a restaurant chain and Plaintiffs’ client. Magnuson and Tiphaus were authorized to implement Plaintiffs’ software at Farrelli’s restaurants. While
Farrelli’s will depend on whether Magnuson’s actions breached any of his agreements with Plaintiffs. The parties have agreed that the claims against Farrelli’s here should be stayed pending the outcome of the related proceedings in Florida state court and believe a stay is in the interest of judicial economy.
A court “has broad discretion to stay proceedings as an incident to its power to control its own docket.” Clinton v. Jones, 520 U.S. 681, 706 (1997). The party seeking the stay must show good cause and reasonableness. See Belloso v. Asplundh Tree Expert Co., No. 6:18-cv-460-Orl-40TBS, 2018 WL
4407088, at *2 (M.D. Fla. Sept. 17, 2018). Having considered the Motion, which no party opposes, the Court finds good and reasonable cause to stay the case as to Farrelli’s only. The stay does not apply to claims against Magnuson and Tiphaus. Accordingly, it is now ORDERED: 1. The Unopposed Motion to Stay Proceedings as to Defendant Farrelli’s Management Services, LLC (Doc. 24) is GRANTED. Plaintiffs’ claims against Farrelli’s are STAYED pending the outcome of the state court proceedings. Plaintiffs must notify the Court when the state court proceedings have ended and if the stay is due to be lifted within seven (7) days of those proceedings ending. 2. The parties are DIRECTED to file a detailed, joint status update on the state court proceedings by February 28, 2022, and every ninety days thereafter until the Court says otherwise.
3. The Clerk is DIRECTED to add a stay flag to the docket.
DONE and ORDERED in Fort Myers, on November 29, 2021.
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record