Mojaddidi v. Divencenzo et al

Filing 15

ORDER signed by District Judge John A. Mendez on 11/8/2016 STAYING this lawsuit pending resolution of binding arbitration; TRANSITIONING this lawsuit to binding arbitration in accordance with GMRI, Inc.'s Dispute Resolution Process; ORDERING the parties to file a joint status conference report RE: Arbitration by 5/8/2017. (Michel, G.)

1
2
3
4
5

Jesse M. Caryl, Bar No. 208687
BENT CARYL & KROLL, LLP
6300 Wilshire Boulevard, Suite 1415
Los Angeles, California 90048
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendants
GMRI, Inc. and Gustavo Divencenzo

6
7
8

Naomi E. Mojaddidi, Pro Se
1729 Heritage Lane, #482
Sacramento, CA 95815

9

UNITED STATES DISTRICT COURT

10

EASTERN DISTRICT OF CALIFORNIA

11
12

NAOMI E. MOJADDIDI,

13
14
15
16
17
18
19
20
21
22

Plaintiff,
v.
OLIVE GARDEN ITALIAN
RESTAURANT, GUSTAVO
DIVENCENZO, individually and in
his official capacity as the Director
of the Olive Garden Italian
Restaurant, AQUILES PELAYO,
individually and in his official
capacity as General Manager of the
Olive Garden Italian Restaurant,
SAM HOCKETT, individually and
in his official capacity as Manager at
the Olive Garden Italian Restaurant,
Defendants.

CASE NO. 2:16-CV-01388-JAM-KJN
JOINT STIPULATION TO STAY
THE CIVIL ACTION AND
PROCEED IN ARBITRATION IN
ACCORDANCE WITH THE
PARTIES’ MUTUAL
ARBITRATION AGREEMENT;
ORDER

Action filed: June 21, 2016
Trial date: None

23
24
25
26
27

TO THE COURT AND ALL INTERESTED PARTIES:
IT IS HEREBY STIPULATED by and between plaintiff Naomi Mojaddidi
(“Plaintiff”) and defendants GMRI, Inc. and Gustavo Divencenzo (collectively,
“Defendants”) (together, the “Parties”), by and through their counsel of record, as

28
B ENT C ARYL &
K ROLL , LLP
ATTORNEYS AT LAW

JOINT STIPULATION

1
2
3
4
5
6
7
8
9
10
11
12
13

follows:
WHEREAS, on June 21, 2016, Plaintiff filed the above-captioned action
alleging discrimination and retaliation claims associated with her former
employment with GMRI, Inc.; and
WHEREAS, the Parties have met and conferred regarding Defendants’
potential Motion to Compel Arbitration, and have agreed to submit the matter to
GMRI, Inc.’s Dispute Resolution Process (“DRP”), including binding arbitration;
THEREFORE, the Parties and their counsel of record, hereby stipulate to the
following:
1.

The above-captioned lawsuit will be stayed pending resolution of the

arbitration; and
2.

The above-captioned lawsuit will proceed in accordance with

Defendants’ DRP.

14
15

IT IS SO STIPULATED.

16
17

Dated: November 4, 2016

BENT CARYL & KROLL, LLP

18

By: /s/ Jesse M. Caryl
Jesse M. Caryl
Attorneys for Defendants
GRMI, Inc. and Gustavo
Divencenzo

19
20
21
22
23

Dated: November 4, 2016

PLAINTIFF

24
25
26

By: /s/
Naomi E. Mojaddidi
In Pro Per

27
28
B ENT C ARYL &
K ROLL , LLP
ATTORNEYS AT LAW

-2JOINT STIPULATION

1
2
3
4
5
6
7
8
9

ORDER
The Parties having stipulated, and with good cause appearing, the Court
hereby ORDERS that:
1.

The above-captioned lawsuit will be stayed pending resolution of the

binding arbitration;
2.

The above-captioned lawsuit will transition to binding arbitration in

accordance with GMRI, Inc.’s Dispute Resolution Process; and
3.

The parties shall file a joint status conference report RE: Arbitration no

later than May 8, 2017.

10
11

IT IS SO ORDERED.

12
13
14

Dated: 11/8/2016

/s/ John A. Mendez_______________________
UNITED STATES DISTRICT COURT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTORNEYS AT LAW

-3JOINT STIPULATION

PROOF OF SERVICE

1
2
3
4
5
6
7
8

I, Darryl Jones, declare:
I am a citizen of the United States and employed in Los Angeles County,
California. I am over the age of eighteen years and not a party to the within-entitled
action. My business address is 6300 Wilshire Boulevard, Suite 1415, Los Angeles,
California 90048. On November 7, 2016, I served a copy of the within
document(s):
JOINT STIPULATION TO STAY THE CIVIL ACTION AND
PROCEED IN ARBITRATION IN ACCORDANCE WITH THE
PARTIES’ MUTUAL ARBITRATION AGREEMENT
X

9

by placing the document(s) listed above in a sealed Overnite Express
envelope and affixing a pre-paid air bill, and causing the envelope to
be delivered to an Overnite Express agent for delivery.

10
11
12

by placing the document(s) listed above in a sealed envelope with
postage thereon fully prepaid, in the United States mail at Los Angeles,
California addressed as set forth below.

X

by causing the document(s) to be filed and served via the Court’s ECF
system.

13
14
15
16
17
18
19
20
21

Naomi E. Mojaddidi
1729 Heritage Lane, #482
Sacramento, CA 95815
Pro Se
I am readily familiar with the firm’s practice of collection and processing
correspondence for mailing. Under that practice it would be deposited with the
U.S. Postal Service on that same day with postage thereon fully prepaid in the
ordinary course of business. I am aware that on motion of the party served, service
is presumed invalid if postal cancellation date or postage meter date is more than
one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the United States of
America that the above is true and correct. Executed on November 7, 2016, at Los
Angeles, California.

22
23

/s/ Darryl Jones
Darryl Jones

24
25
26
27
28
B ENT C ARYL &
K ROLL , LLP
ATTORNEYS AT LAW

PROOF OF SERVICE