Myers v. CJ Logistics America, LLC

Filing 7

ORDER on STIPULATION 6 STAYING ACTION and All Dates Pending Arbitration; ORDER REQUIRING PARTIES to File a Joint Report, signed by Magistrate Judge Christopher D. Baker on 5/13/2024. CASE STAYED. Joint status report due within 180 days. (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 SYLVIA MYERS, 12 13 14 Plaintiff, v. CJ LOGISTICS AMERICA, LLC; and DOES 1 through 20, inclusive., 15 Defendant. Case No. 1:24-cv-00465-KES-CDB ORDER ON STIPULATION STAYING ACTION AND ALL DATES PENDING ARBITRATION ORDER REQUIRING PARTIES TO FILE A JOINT REPORT (Doc. 6) 16 17 18 19 On April 18, 2024, Defendant CJ Logistics America, LLC, removed this action from state 20 court to this Court. (Doc. 1). According to the allegations of the complaint, Plaintiff Sylvia Myers 21 was employed by Defendant as a forklift operator and alleges that Defendant wrongfully terminated 22 her in violation of public policy under the Fair Employment and Housing Act (“FEHA”) and 23 retaliated against her for purportedly making protected complaints. (Doc. 1, Exhibit 3 “Complaint” 24 p. 2). Plaintiff raises claims for: (1) wrongful termination in violation of public policy; (2) 25 retaliation in violation of California Labor Code § 1102.5; and (3) retaliation in violation of 26 California Labor Code § 6310. See Complaint pp. 1-4. 27 Pending before the Court is the parties’ stipulated request to stay the case pending 28 completion of arbitration. (Doc. 6). The parties represent that they have met and conferred through 1 their counsel and agreed to submit all of Plaintiff’s claims to arbitration. (Doc. 6 p. 2). The parties 2 represent that the arbitration hearing is scheduled to commence no later than a year from the filing 3 of the joint demand for arbitration. Id. ⁋4. 4 5 6 Based on the parties’ stipulated representations and for good cause shown therein, IT IS HEREBY ORDERED that: 1. All case management dates and matters related thereto (Doc. 4) are hereby STAYED 7 and the scheduling conference scheduled for July 15, 2024, is VACATED pending 8 the completion of final and binding arbitration by the parties. 9 2. 10 11 The parties shall file a joint report informing the Court of the status of their arbitration efforts every 180 days from the date of issuance of this order; and 3. Within 21 days of the issuance of the arbitrator’s decision, or other resolution of the 12 matter, the parties shall file a joint notice updating the Court concerning the matters 13 resolved by arbitration and describing the parties’ intentions with respect to the 14 disposition or continued pursuit of this case. 15 16 17 IT IS SO ORDERED. Dated: May 13, 2024 ___________________ _ UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28 2

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