Smith v. H.F.D. No. 55, Inc.

Filing 25

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 05/19/16 ORDERING that the case is STAYED pending arbitration, and all previously set deadlines and hearings are VACATED. The parties shall notify the court within 7 days of the arbitration completion. (Benson, A)

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20

MAYALL HURLEY
A Professional Corporation
2453 Grand Canal Boulevard
Stockton, California 95207-8253
Telephone [phone]
Facsimile [phone]
NICHOLAS J. SCARDIGLI
CA State Bar No. 249947
JENNY D. DENNIS
CA State Bar No. 251014

Attorneys for Plaintiff SABRINA SMITH
JULIE A. DUNNE, Bar No. 160544
[e-mail]
LITTLER MENDELSON, P.C.
501 W. Broadway
Suite 900
San Diego, CA 92101.3577
Telephone: [phone]
Facsimile: 619.232.4302
ELIZABETH STAGGS WILSON, Bar No. 183160
[e-mail]
LITTLER MENDELSON, P.C.
633 West 5th Street
63rd Floor
Los Angeles, CA 90071
Telephone: [phone]
Fax No.: 213.443.4299
JANEL ABLON, Bar No. 198678
[e-mail]
LITTLER MENDELSON, P.C.
2049 Century Park East, Fifth Floor
Los Angeles, CA 90067
Telephone: [phone]
Fax No.: 310.553.5583

Attorneys for Defendant H.F.D. NO. 55, INC.
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

21
22
23

SABRINA SMITH,
Plaintiff,

24
25

vs.

26

H.F.D. NO. 55, INC., dba J. CREW; and
DOES 1-100, inclusive,

27
28

Case No. 2:15-CV-01293-KJM-KJN
STIPULATION AND ORDER
SUBMITTING PLAINTIFF’S
INDIVIDUAL CLAIMS TO
ARBITRATION AND STAYING PAGA
CLAIMS

Defendants.
Stipulation and Order Submitting Plaintiff’s Individual Claims to Arbitration and Staying PAGA Claims
Page 1 of 3
Firmwide:140492599.1 045048.1127

1
2
3
4

IT IS HEREBY STIPULATED by and between the parties hereto, namely, Plaintiff
Sabrina Smith (“Plaintiff”) and Defendant H.F.D. No. 55, Inc. (“Defendant”) that:
1.

5

Plaintiff will submit to arbitration on the following individual claims:
a.

6

Employment and Housing Act (“FEHA”);

7

b.

Second cause of action, for failure to accommodate under FEHA;

c.

8

Third cause of action, for failure to engage in the interactive process under

9

FEHA;

10

d.

Fourth cause of action, for retaliation under FEHA;

e.

11

Fifth cause of action, for failure to prevent discrimination and retaliation

12

under FEHA;

13

f.

Seventh cause of action, for failure to provide meal breaks;

h.

15

Sixth cause of action, for failure to provide rest breaks;

g.

14

Tenth cause of action, for failure to provide wage statement records upon

16

request;

17

i.

18

21

j.
2.

That the following claims shall be dismissed with prejudice for purposes of

a.

3.

Tenth cause of action, for failure to pay wages upon termination; and

c.

24

Ninth cause of action, for failure to timely pay wages;

b.

23

26

Thirteenth cause of action, for retaliation under Labor Code § 98.6.

streamlining the arbitration:

22

25

Twelfth cause of action, for failure to provide personnel file upon request;
and

19
20

First cause of action, for disability discrimination under the Fair

Fourteenth cause of action, for unfair business practices.

That Plaintiff’s single Labor Code Private Attorneys General Act of 2004

(“PAGA”) cause of action, namely, the Eighth cause of action for civil penalties, attorneys’ fees,

27
28
Stipulation and Order Submitting Plaintiff’s Individual Claims to Arbitration and Staying PAGA Claims
Page 2 of 3
Firmwide:140492599.1 045048.1127

1

and costs under PAGA for failure to furnish accurate wage statements, shall be stayed until

2

completion of the arbitration.

3
4

DATED: May 18, 2016

MAYALL HURLEY P.C.

5
By

6
7

/s/ Nicholas J. Scardigli
NICHOLAS SCARDIGLI
Attorneys for Plaintiff
SABRINA SMITH

8
9

DATED: May 18, 2016

LITTLER MENDELSON, P.C.

10
By

11
12
13
14

/s/ Janel Ablon
JULIE A. DUNNE
ELIZABETH STAGGS WILSON
JANEL ABLON
Attorneys for Defendant
H.F.D. NO. 55, INC.

15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Order Submitting Plaintiff’s Individual Claims to Arbitration and Staying PAGA Claims
Page 3 of 3
Firmwide:140492599.1 045048.1127

1
2
3

ORDER
Upon review of the foregoing stipulation entered into by and between the parties in the
above-referenced action, and good cause appearing therefore,

4

IT IS HEREBY ORDERED that the foregoing stipulation is APPROVED.

5

Accordingly, the case is STAYED pending arbitration, and all previously set deadlines and

6

hearings are VACATED. The parties shall notify the court within seven (7) days of the

7

arbitration completion.

8

DATED: May 19, 2016

9
10
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Stipulation and Order Submitting Plaintiff’s Individual Claims to Arbitration and Staying PAGA Claims
Page 4 of 3
Firmwide:140492599.1 045048.1127