Jones v. Darden Restaurants Incorporated et al

Filing 17

ORDER that the 16 Stipulation and Motion to Stay Case Pending Completion of Arbitration is denied; that the parties are directed to proceed to arbitration in accordance with the terms of the arbitration provisions governing Plaintiff's claims; that this case is dismissed without prejudice. If the Parties need to reappear before this Court for any reason relating to the arbitration of the claims in Plaintiff's Complaint (Doc. 1), either party may move to reopen this case within the applicable statute of limitations for review of an arbitration award. Signed by Judge James A Teilborg on 12/19/11. (ESL)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9
10
11
12
13
14
15

)
)
)
Plaintiff,
)
)
vs.
)
)
Darden Restaurants, Inc., a Florida)
Corporation; GMRI, Inc., a Florida)
)
corporation,
)
)
Defendants.
)
)
Ryan Jones,

No. CV 11-01115-PHX-JAT
ORDER

16
17
18

Pending before the Court is the Stipulation and Motion to Stay Case Pending
Completion of Arbitration (Doc. 16).

19

On June 3, 2011, Plaintiff filed a Complaint in this Court requesting relief under Title

20

VII of the Civil Rights Act of 1964. (Doc. 1). In his Complaint, Plaintiff alleges that

21

Defendant wrongfully discriminated against him in the terms and conditions of his

22

employment and he was subjected to sexual harassment and a discriminatory hostile work

23

environment based on his sex. (Id. at 4). On August 23, 2011, the Parties filed a stipulation

24

with the Court conceding that this litigation is subject to mandatory arbitration pursuant to

25

contracts between the Parties.

26

Although 9 U.S.C. section 3 directs the Court, upon application by one of the parties,

27

to grant a stay pending arbitration, the Court retains discretion to dismiss the case instead.

28

Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir.1988). Because all of Plaintiff’s

1

claims are covered by binding agreements to arbitrate, the Court will dismiss his claims

2

without prejudice to reopen upon the conclusion of arbitration proceedings, if necessary.

3

Based on the foregoing,

4

IT IS ORDERED that the Stipulation and Motion to Stay Case Pending Completion

5
6
7

of Arbitration is denied (Doc. 16).
IT IS FURTHER ORDERED that the parties are directed to proceed to arbitration
in accordance with the terms of the arbitration provisions governing Plaintiff’s claims.

8

IT IS FINALLY ORDERED that this case is dismissed without prejudice. If the

9

Parties need to reappear before this Court for any reason relating to the arbitration of the

10

claims in Plaintiff’s Complaint (Doc. 1), either party may move to reopen this case within

11

the applicable statute of limitations for review of an arbitration award.

12

DATED this 19th day of December, 2011.

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

-2-