Wiley, Jr. et al v. CJ Berry Well Services Management, LLC

Filing 10

ORDER STAYING ACTION 5 Pending Ruling on Motions to Compel Arbitration in Separate Actions signed by Magistrate Judge Christopher D. Baker on 09/25/2024. (Boren, Cori)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11 THEODIS WILEY, et al.

Case No. 1:24-cv-00756-JLT-CDB

12

ORDER STAYING ACTION PENDING
RULING ON MOTIONS TO COMPEL
ARBITRATION IN SEPARATE ACTIONS

13

Plaintiff,
v.

14 CJ BERRY WELL SERVICES
MANAGEMENT LLC,
15
Defendant.
16

(Doc. 5)

17
18

On May 24, 2024, Plaintiffs Theodis Wiley, Jr. (“Wiley”), David Edwards, and Derrick

19 Massey (“Plaintiffs”) filed a putative wage and hour class action complaint in Kern County
20 Superior Court against Defendant CJ Berry Well Services Management LLC (“Defendant”).
21 (Doc. 1). Defendant removed the action to this Court on June 28, 2024. Id. That same day,
22 Defendant filed a notice of related cases, asserting that Leland Browden v. CJ Berry Well
23 Services Management LLC, No. 1:24-cv-00418-JLT-CDB (“Browden”) is related to the instant
24 action. (Doc. 1-6). On July 22, 2024, Defendant filed a motion to compel individual arbitration
25 of plaintiff’s claims and stay proceedings pending completion of arbitration in Browden.
26 (Browden, Doc. 7).
27

Separately, in March 2024, and April 2024, Plaintiff Wiley and Matthew Bergeron filed

28 separate actions in Kern County Superior Court against Defendant in this action and Berry

1

1 Petroleum Company LLC (“BPC”) for alleged discrimination, wrongful termination, and
2 intentional infliction of emotional distress. Wiley v. Berry Petroleum Company, LLC et al., No.
3 1:24-cv-00553-CDB, Doc. 1 (“Wiley I”); Matthew Bergeron v. Berry Petroleum Company, LLC,
4 et al., No. 1:24-cv-00503-CDB, Doc. 1 (“Bergeron”). Thereafter, Defendant and BPC removed
5 Wiley I and Bergeron to this Court. Id. On July 9, 2024, Defendant and BPC filed a motion to
6 compel individual arbitration of plaintiff’s claims and stay proceedings pending completion of
7 arbitration. (Bergeron, Doc. 6).
8

On June 20, 2024, the parties in Wiley I filed a stipulated request to stay discovery

9 pending resolution of the motion to compel arbitration filed in Bergeron. (Wiley I, Doc. 3). The
10 parties noted the arbitration agreement at issue in Bergeron was identical to the one at issue in
11 Wiley I. Id. at 3. The parties represented that the outcome of the motion in Bergeron may moot
12 the need for a motion to compel arbitration in Wiley I or, at minimum, narrow certain issues
13 pertaining to any motion to compel arbitration that Plaintiff Wiley could file. Id. On June 24,
14 2024, the Court issued an order staying Wiley I pending the Court’s ruling on the motion to
15 compel arbitration in Bergeron. (Wiley I, Doc. 4).
16

On September 17, 2024, the parties to this action filed a joint Rule 26(f) report. (Doc. 5).

17 Defendant asserted that the arbitration agreement at issue in this case is identical to the
18 arbitration agreements at issue in Browden, Wiley I, and Bergeron. Id. at 4. Defendant requests
19 the Court stay all further proceedings in this action, including discovery, pending the outcome
20 “of one (or both) of [the motions to compel arbitration].” Id. Plaintiff notes that in the interest
21 of “judicial economy,” it agrees to Defendant’s position to stay this action pending the results of
22 the motions to compel arbitration in Browden and Bergeron. Id.
23

Accordingly, in light of the parties’ representations and good cause appearing, IT IS

24 HEREBY ORDERED:
25
26

1. This action is STAYED pending the Court’s ruling on the motions to compel arbitration
in the Browden and Bergeron actions; and

27 ///
28 ///

2

1
2

2. The scheduling conference set for September 27, 2024, is VACATED.
IT IS SO ORDERED.

3
Dated:

September 25, 2024

___________________

4

_

UNITED STATES MAGISTRATE JUDGE

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

3