Rodriguez v. Sears, Roebuck and Co.

Filing 8

ORDER signed by District Judge Troy L. Nunley on 12/11/14. Case STAYED pending arbitration. (Manzer, C)

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DENNIS M. BROWN, Bar No. 126575
[e-mail]
NEDA N. DAL CIELO, Bar No. 161982
[e-mail]
ANNE SWEENEY JORDAN, Bar No. 273589
[e-mail]
LITTLER MENDELSON, P.C.
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Fax No.:
408.288.5686
Attorneys for Defendant
SEARS, ROEBUCK AND CO.

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CARY KLETTER, Bar No. 210230
[e-mail]
SALLY TRUNG NGUYEN, Bar No. 267275
[e-mail]
KLETTER LAW FIRM LLP
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403
Telephone:
415.434.3400
Attorneys for Plaintiff
JEANNETTE RODRIGUEZ

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JEANNETTE RODRIGUEZ,

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Plaintiff,

Case No. 2:14-cv-02553-TLN-EFB
JOINT STIPULATION AND ORDER FOR
FINAL AND BINDING ARBITRATION

v.
SEARS, ROEBUCK AND CO.; and DOES
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Defendants.
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Case No. 2:14-cv-02553-TLN-EFB
JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION

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IT IS HEREBY STIPULATED by and between Plaintiff Jeannette Rodriguez and
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Defendant Sears, Roebuck and Co. (collectively, the “Parties”), through their attorneys of record:

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WHEREAS, the Complaint in this matter was filed on September 30, 2014, in the
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Superior Court of the County of San Joaquin, Case No. 39-2014-00316668-CU-OE-STK, alleging
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claims of (1) California Labor Code Retaliation; (2) Failure to Pay Minimum Overtime Wages; (3)
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Failure to Provide Meal and Rest Breaks; (4) Waiting Time Penalties; (5) Failure to Provide
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Accurate Wage Statements; (6) Disability Discrimination in Violation of the California Fair
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Employment and Housing Act (FEHA); (7) Failure to Accommodate; (8) Failure to Engage in the
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Interactive Process; (9) FEHA Retaliation; (10) the California Family Rights Act (CFRA)
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Interference; (11) CFRA Retaliation; (12) Wrongful Termination in Violation of Public Policy; and
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(13) Defamation; (14) Unfair Business Practice in violation of Business And Professions Code
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§17200; (15) Penalties pursuant to the Private Attorney General Act (PAGA); (16) Failure to
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Produce Records; and (17) Negligent Training (the “Claims”);

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WHEREAS, on October 31, 2014, Defendant Sears, Roebuck and Co. removed this
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matter to the U.S. District Court for the Eastern District of California, Case No. 2:14-cv-02553;
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WHEREAS, the Parties now agree to submit the Claims, as set forth in Case No.
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2:14-cv-02553, to final and binding individual arbitration through Judicial Arbitration and Mediation
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Services (JAMS); and
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WHEREAS, the Parties agree that the JAMS arbitrator shall have the authority to
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adjudicate Plaintiff’s individual claim for penalties under PAGA

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IT IS HEREBY STIPULATED AND AGREED:
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1.

The Claims set forth in Case No. 2:14-cv-02553 shall be submitted to final

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and binding arbitration in accordance with the terms of the Arbitration Policy/Agreement and
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“JAMS Employment Arbitration Rules & Procedures effective July 15, 2009”;

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2.

All matters in Case No. 2:14-cv-02553 shall be stayed in this Court pending

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arbitration;
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2.

Case No. 2:14-cv-02553-TLN-EFB

JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION

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3.

This Court will retain jurisdiction for the sole purpose of entering the final

judgment on the arbitration proceedings, as necessary; and
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The Parties agreed that Plaintiff’s Complaint pending in the USDC EDCA

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shall constitute Plaintiff’s written demand for arbitration to JAMS pursuant to “JAMS Employment

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Arbitration Rules & Procedures effective July 15, 2009,” shall be deemed to have been submitted to

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Defendant as of November 26, 2014, and Defendant will timely respond thereto.

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Dated: December 4, 2014

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/s/ Dennis M. Brown
DENNIS M. BROWN
NEDA N. DAL CIELO
ANNE SWEENEY JORDAN
LITTLER MENDELSON, P.C.
Attorneys for Defendant
SEARS, ROEBUCK AND CO.

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Dated: December 4, 2014

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/s/ Cary Kletter
CARY KLETTER
SALLY TRUNG NGUYEN
KLETTER LAW FIRM LLP
Attorneys for Plaintiff
JEANNETTE RODRIGUEZ

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ORDER
IT IS SO ORDERED.

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Dated: December 11, 2014

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Troy L. Nunley
United States District Judge

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3.

Case No. 2:14-cv-02553-TLN-EFB

JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION