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)
1
2
3
4
5
6
7
DENNIS M. BROWN, Bar No. 126575
dmbrown@littler.com
NEDA N. DAL CIELO, Bar No. 161982
ndalcielo@littler.com
ANNE SWEENEY JORDAN, Bar No. 273589
ajordan@littler.com
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.
8
9
10
11
12
13
CARY KLETTER, Bar No. 210230
ckletter@kletterlaw.com
SALLY TRUNG NGUYEN, Bar No. 267275
snguyen@kletterlaw.com
KLETTER LAW FIRM LLP
1900 S. Norfolk Street, Suite 350
San Mateo, CA 94403
Telephone:
415.434.3400
Attorneys for Plaintiff
JEANNETTE RODRIGUEZ
14
15
UNITED STATES DISTRICT COURT
16
EASTERN DISTRICT OF CALIFORNIA
17
JEANNETTE RODRIGUEZ,
18
19
20
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
1-20, inclusive,
21
Defendants.
22
23
24
25
26
27
28
Case No. 2:14-cv-02553-TLN-EFB
JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION
1
2
IT IS HEREBY STIPULATED by and between Plaintiff Jeannette Rodriguez and
3
Defendant Sears, Roebuck and Co. (collectively, the “Parties”), through their attorneys of record:
4
WHEREAS, the Complaint in this matter was filed on September 30, 2014, in the
5
Superior Court of the County of San Joaquin, Case No. 39-2014-00316668-CU-OE-STK, alleging
6
claims of (1) California Labor Code Retaliation; (2) Failure to Pay Minimum Overtime Wages; (3)
7
Failure to Provide Meal and Rest Breaks; (4) Waiting Time Penalties; (5) Failure to Provide
8
Accurate Wage Statements; (6) Disability Discrimination in Violation of the California Fair
9
Employment and Housing Act (FEHA); (7) Failure to Accommodate; (8) Failure to Engage in the
10
Interactive Process; (9) FEHA Retaliation; (10) the California Family Rights Act (CFRA)
11
Interference; (11) CFRA Retaliation; (12) Wrongful Termination in Violation of Public Policy; and
12
(13) Defamation; (14) Unfair Business Practice in violation of Business And Professions Code
13
§17200; (15) Penalties pursuant to the Private Attorney General Act (PAGA); (16) Failure to
14
Produce Records; and (17) Negligent Training (the “Claims”);
15
WHEREAS, on October 31, 2014, Defendant Sears, Roebuck and Co. removed this
16
matter to the U.S. District Court for the Eastern District of California, Case No. 2:14-cv-02553;
17
WHEREAS, the Parties now agree to submit the Claims, as set forth in Case No.
18
2:14-cv-02553, to final and binding individual arbitration through Judicial Arbitration and Mediation
19
Services (JAMS); and
20
WHEREAS, the Parties agree that the JAMS arbitrator shall have the authority to
21
adjudicate Plaintiff’s individual claim for penalties under PAGA
22
IT IS HEREBY STIPULATED AND AGREED:
23
1.
The Claims set forth in Case No. 2:14-cv-02553 shall be submitted to final
24
and binding arbitration in accordance with the terms of the Arbitration Policy/Agreement and
25
“JAMS Employment Arbitration Rules & Procedures effective July 15, 2009”;
26
2.
All matters in Case No. 2:14-cv-02553 shall be stayed in this Court pending
27
arbitration;
28
2.
Case No. 2:14-cv-02553-TLN-EFB
JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION
1
2
3
3.
This Court will retain jurisdiction for the sole purpose of entering the final
judgment on the arbitration proceedings, as necessary; and
4.
The Parties agreed that Plaintiff’s Complaint pending in the USDC EDCA
4
shall constitute Plaintiff’s written demand for arbitration to JAMS pursuant to “JAMS Employment
5
Arbitration Rules & Procedures effective July 15, 2009,” shall be deemed to have been submitted to
6
Defendant as of November 26, 2014, and Defendant will timely respond thereto.
7
8
Dated: December 4, 2014
9
/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.
10
11
12
13
Dated: December 4, 2014
14
15
/s/ Cary Kletter
CARY KLETTER
SALLY TRUNG NGUYEN
KLETTER LAW FIRM LLP
Attorneys for Plaintiff
JEANNETTE RODRIGUEZ
16
17
18
19
20
21
ORDER
IT IS SO ORDERED.
22
23
Dated: December 11, 2014
24
25
26
Troy L. Nunley
United States District Judge
27
28
3.
Case No. 2:14-cv-02553-TLN-EFB
JOINT STIPULATION AND ORDER FOR FINAL AND BINDING ARBITRATION
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?