Amboy v. Exodus Recovery, Inc. et al
Filing
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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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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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GEMMA AMBOY, an individual,
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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.
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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)
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On October 16, 2024, the parties filed a stipulation and proposed order to require plaintiff
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to arbitrate her individual claims and to order plaintiff’s PAGA claims stayed pending arbitration.
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Doc. 6. On October 21, 2024, plaintiff filed a request to dismiss her class allegations. Docs. 7.
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Based upon the terms of the stipulation and Plaintiff’s request, the Court ORDERS:
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1.
Plaintiff’s request to dismiss without prejudice all class allegations within the
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complaint, Doc. 7, is GRANTED. The allegations set forth at paragraphs 10,
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paragraphs 29 through 40, and page 17:25-27 of the complaint (Doc. 1) are
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dismissed without prejudice.
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2.
The parties’ stipulation, Doc. 6, is GRANTED;
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3.
Plaintiff is ordered to arbitrate her individual claims; and
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4.
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Plaintiff’s representative PAGA claims are stayed pending conclusion of the
binding arbitration of her individual claims.
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IT IS SO ORDERED.
Dated:
October 22, 2024
UNITED STATES DISTRICT JUDGE
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