Tagliabue v. J.C. Penney Corporation, Inc.

Filing 28

ORDER GRANTING JOINT STIPULATION RE JURISDICTION OVER PAGA CLAIMS; VACATING FEBRUARY 17, 2016 HEARING AND REQUIRING DEFENDANTS TO FILE ANSWER TO COMPLAINT. DEADLINE 1/22/2016. Signed by Magistrate Judge Stanley A. Boone on 1/7/2016. (Hernandez, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JERAD TAGLIABUE,

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Plaintiff,

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Case No. 1:15-cv-01443-SAB
ORDER GRANTING JOINT
STIPULATION RE: JURISDICTION OVER
PAGA CLAIMS, VACATING FEBRUARY
17, 2016 HEARING, AND REQUIRING
DEFENDANTS TO FILE ANSWER TO
COMPLAINT

v.

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J.C. PENNEY CORPORATION, INC.,

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Defendant.
(ECF Nos. 25, 27)

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DEADLINE: JANUARY 22, 2016
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On December 15, 2015, the Court issued an order granting in part Defendant’s motion to

19 compel arbitration and requiring the parties to submit supplemental briefing on whether
20 Plaintiff’s Private Attorney General Act (“PAGA”), Cal. Lab. Code § 2698 et seq. claims must
21 be submitted to arbitration. On January 6, 2016, the parties filed a stipulation that the parties
22 have agreed to litigate the PAGA claims in federal court.
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Based on the stipulation of the parties, IT IS HEREBY ORDERED that:

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1.

The briefing schedule set in the December 15, 2015 order is VACATED;

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2.

The hearing set for February 17, 2016 at 10:00 a.m. in Courtroom 9 is
VACATED and the parties are not required to appear at that time;

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3.

Defendant’s motion to compel arbitration filed October 30, 2015 is DENIED in
respect to the PAGA claims; and

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4.

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Defendant shall file an answer to the complaint on or before January 22, 2016.

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IT IS SO ORDERED.

4 Dated:

January 7, 2016
UNITED STATES MAGISTRATE JUDGE

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