Valentin Villar v. ConAgra Foods Enterprise Services Inc et al

Filing 69

ORDER by Judge Dale S. Fischer Dismissing Action. The parties have previously failed to file timely status reports and have not filed a status report since December 2020. Because all of Plaintiff's claims are subject to arbitration, and the parties continually fail to follow this Courts orders, this action is dismissed. (Made JS-6. Case Terminated.) (jp)

JS-6

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

VALENTIN VILLAR,
Plaintiff,
v.

CV 16-4422 DSF (JPRx)
ORDER DISMISSING ACTION

CONAGRA FOODS
ENTERPRISE SERVICES, INC.,
et al.,
Defendants.

On October 25, 2016, the Court approved the parties’
stipulation for arbitration and ordered that the parties file a joint
status report every six months. The parties have previously failed
to file timely status reports and have not filed a status report
since December 2020. Because all of Plaintiff's claims are subject
to arbitration, and the parties continually fail to follow this
Court’s orders, this action is dismissed. See Brennan v. Opus
Bank, 796 F.3d 1125, 1134 (9th Cir. 2015) (affirming district
court’s order dismissing action in favor of arbitration); Thinket
Ink Info. Res., Inc. v. Sun Microsystems, Inc. , 368 F.3d 1053, 1060
(9th Cir. 2004) (stating that district court did not err in dismissing
claims subject to arbitration and noting that FAA allows but does
not require a stay of court proceedings); Sparling v. Hoffman
Constr. Co. , 864 F.2d 635, 638 (9th Cir. 1988) (affirming trial

court’s dismissal of claims referred to arbitration); Martin
Marietta Aluminum, Inc. v. Gen. Elec. Co. , 586 F.2d 143, 147 (9th
Cir. 1978).
IT IS SO ORDERED.

___________________________
Dale S. Fischer
United States District Judge

Date: July 11, 2022

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