Luong v. Super Micro Computer, Inc.

Background

Bob K. Luong brought a whistleblower-retaliation action against Super Micro Computer, Inc. and its CEO, Charles Liang. The opinion states that Luong’s only federal claim arises under the Sarbanes-Oxley Act, while his other claims arise under state law.

The defendants filed a motion asking the court to compel arbitration of Luong’s state-law claims and to stay, or pause, the action concerning the Sarbanes-Oxley claim. That motion was scheduled for a hearing on September 26, 2024. The initial case-management conference was originally scheduled for September 19, 2024.

The parties’ positions

The defendants requested a 90-day continuance of the initial case-management conference and related deadlines. They argued that moving the conference would avoid wasting resources on discovery planning and a scheduling order if the court later granted their arbitration motion and paused the case.

Luong opposed the continuance. He argued that it was not warranted because, in his view, the defendants were unlikely to prevail on their motion to compel arbitration and stay the action.

Ruling

Judge Beth Labson Freeman granted the defendants’ administrative motion. The court found that briefly continuing the initial case-management conference and related deadlines would promote efficient use of judicial and party resources without significant prejudice to Luong.

The court ordered that:

- The initial case-management conference be continued from September 19, 2024, at 11:00 a.m., to December 19, 2024, at 11:00 a.m. - All related deadlines be reset accordingly. - The order terminate docket entry 22.

This order addressed scheduling only. It did not decide the defendants’ motion to compel arbitration or the merits of Luong’s claims.