Atchley v. Lithia Motors Inc et al

Filing 8

STIPULATION AND ORDER signed by Judge John A. Mendez on 3/30/2015 ORDERING that the parties' disputes be submitted to and resolved through binding arbitration according to the terms of the parties' written arbitration agreements; ORDERING t hat arbitration comply with the requirements of Armendariz v. Foundation Health Psychcare Servs., Inc. ((2000) 24 Cal. 4th 83), including the payment by the employer of arbitration fees and costs that are unique to the arbitration forum; STAYING this case pending the completion of all arbitration proceedings. (Michel, G.)

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1 2 3 4 5 6 7 8 Michael K. Perkins, SBN 172560 E-Mail: mperkins@employerlawyers.com FINE, BOGGS & PERKINS LLP 80 Stone Pine Road, Suite 210 Half Moon Bay, California 92614 Telephone (650) 712-8908 Facsimile (650) 712-1712 Attorneys for Defendants LITHIA MOTORS, INC. AND LITHIA TOYOTA, LITHIA MOTORS SUPPORT SERVICES, LITHIA TOYOTA/SCION OF REDDING, COREY KERSTEN and GARY RUEBER 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 JOSEPH D. ATCHLEY IV, Case No. 2:15-cv-00099-JAM-CMK 13 14 vs. Plaintiff, 15 16 17 18 LITHIA MOTORS, INC. AND LITHIA TOYOTA, LITHIA MOTORS SUPPORT SERVICES, LITHIA TOYOTA/SCION OF REDDING, COREY KERSTEN, GARY RUEBER and DOES 1 through 100, Inclusive, ORDER GRANTING JOINT STIPULATION FOR BINDING ARBITRATION 19 Defendants. 20 21 22 23 24 25 26 27 28 1 [PROPOSED] ORDER GRANTING JOINT STIPULATION FOR BINDING ARBITRATION 1 UNITED STATES DISTRICT COURT 2 EASTERN DISTRICT OF CALIFORNIA 3 4 JOSEPH D. ATCHLEY IV, Case No. 2:15-cv-00099-JAM-CMK 5 6 7 8 9 Plaintiff, vs. LITHIA MOTORS, INC. AND LITHIA TOYOTA, LITHIA MOTORS SUPPORT SERVICES, LITHIA TOYOTA/SCION OF REDDING, COREY KERSTEN, GARY RUEBER and DOES 1 through 100, Inclusive, ORDER GRANTING JOINT STIPULATION FOR BINDING ARBITRATION 10 Defendants. 11 12 13 Pursuant to the Parties’ Stipulation for Binding Arbitration, and good cause 14 having been shown, 15 IT IS ORDERED THAT: 16 1. The parties’ disputes among each other shall be submitted to and 17 resolved through binding arbitration according to the terms of the parties’ written 18 arbitration agreements; 19 2. The arbitration shall comply with the requirements of Armendariz v. 20 Foundation Health Psychcare Servs., Inc. ((2000) 24 Cal. 4th 83), including the 21 payment by the employer of arbitration fees and costs that are unique to the 22 arbitration forum; and, 23 3. The case in Federal Court shall be stayed pending the completion of 24 all arbitration proceedings. 25 Date: 3/30/2015 26 /s/ John A. Mendez_____________ ____________________________ HON. JUDGE JOHN A. MENDEZ 27 28 2 [PROPOSED] ORDER GRANTING JOINT STIPULATION FOR BINDING ARBITRATION FPDOCS 30405577.1

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