Mosqueda v. Sears Roebuck and Co.

Filing 11

ORDER GRANTING 10 Stipulation to Remand the Matter to Individual Arbitration of Claims Brought by Plaintiff Salvador Mosqueda and Stay of Claims Pending Arbitration, signed by Magistrate Judge Jennifer L. Thurston on 1/14/2015. The Status Conference re Consent / Initial Scheduling Conference set for 3/17/2015 at 09:00 AM is VACATED. CASE STAYED. (Hall, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SALVADOR MOSQUEDA, Plaintiff, 12 13 v. 14 SEARS, ROEBUCK AND CO., a New York corporation; and DOES 1 through 10, inclusive, 15 Case No. 1:14-cv-001891--- JLT ORDER GRANTING STIPULATION TO REMAND THE MATTER TO INDIVIDUAL ARBITRATION OF CLAIMS BROUGHT BY PLAINTIFF SALVADOR MOSQUEDA AND STAY OF CLAIMS PENDING ARBITRATION (Doc. 10) Defendants. 16 17 1. The stipulation of the parties to remand this matter to arbitration is GRANTED; 18 2. The matter is STAYED1 to allow the completion of the arbitration; and 19 3. Every 120 days and no later than 30 days after the issuance of the arbitrator’s 20 decision, counsel SHALL file a joint status report; and 21 22 4. The Court retains jurisdiction to confirm the arbitration award and enter judgment for the purpose of enforcement. 23 24 IT IS SO ORDERED. Dated: 25 January 14, 2015 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 26 27 28 1 The FAA provides, “If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement . . .” 9 U.S.C § 3.

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