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)

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