Amboy v. Exodus Recovery, Inc. et al

Filing 8

ORDER GRANTING REQUEST TO DISMISS CLASS ALLEGATIONS, AND GRANTING STIPULATION TO ARBITRATE INDIVIDUAL CLAIMS AND TO STAY REPRESENTATIVE PAGA CLAIMS PENDING ARBITRATION signed by District Judge Kirk E. Sherriff on 10/22/2024. (Gonzales, V)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEMMA AMBOY, an individual, 12 13 14 15 16 No. 1:24-cv-00957-KES-EPG Plaintiff, v. EXODUS RECOVERY, INC., a corporation; OASIS OUTSOURCING III, LLC, a limited liability company; and DOES 1-100, inclusive, Defendant. 17 ORDER GRANTING REQUEST TO DISMISS CLASS ALLEGATIONS, AND GRANTING STIPULATION TO ARBITRATE INDIVIDUAL CLAIMS AND TO STAY REPRESENTATIVE PAGA CLAIMS PENDING ARBITRATION (Docs. 6, 7) 18 19 On October 16, 2024, the parties filed a stipulation and proposed order to require plaintiff 20 to arbitrate her individual claims and to order plaintiff’s PAGA claims stayed pending arbitration. 21 Doc. 6. On October 21, 2024, plaintiff filed a request to dismiss her class allegations. Docs. 7. 22 Based upon the terms of the stipulation and Plaintiff’s request, the Court ORDERS: 23 1. Plaintiff’s request to dismiss without prejudice all class allegations within the 24 complaint, Doc. 7, is GRANTED. The allegations set forth at paragraphs 10, 25 paragraphs 29 through 40, and page 17:25-27 of the complaint (Doc. 1) are 26 dismissed without prejudice. 27 2. The parties’ stipulation, Doc. 6, is GRANTED; 28 3. Plaintiff is ordered to arbitrate her individual claims; and 1 1 4. 2 Plaintiff’s representative PAGA claims are stayed pending conclusion of the binding arbitration of her individual claims. 3 4 5 6 IT IS SO ORDERED. Dated: October 22, 2024 UNITED STATES DISTRICT JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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