Rowland v. CarMax Auto Superstores California, LLC et al

Filing 20

ORDER RE MOTION TO COMPEL HEARING signed by District Judge Vince Chhabria on 1/12/17 ORDERING that parties are ordered to file supplemental briefs by Monday, January 16 at 5:00 PM. (Kastilahn, A)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
JAMES ROWLAND on behalf of himself
and all others similarly situated,

Case No. 16-cv-02135-VC
ORDER RE MOTION TO COMPEL
HEARING

Plaintiffs,
v.

Re: Dkt. No. 6

CARMAX AUTO SUPERSTORES
CALIFORNIA, LLC, a limited liability
company; CARMAX AUTO
SUPERSTORES WEST COAST, INC., a
corporation, and DOES 1-100, inclusive,
Defendants.

The parties are ordered to file supplemental briefs by Monday, January 16 at 5:00 PM,
addressing the following questions:
1.

Whether the plaintiff has adequately alleged CAFA's minimal diversity and

amount-in-controversy requirements to establish subject-matter jurisdiction.
2.

Whether the DRA/DRRP's provisions regarding an employee's right to seek relief

from the NLRB or EEOC grant employees any right to which they are not otherwise entitled
under law. See EEOC v. Waffle House, Inc., 534 U.S. 279, 291-92 (2002); NLRB v. Strong, 393
U.S. 357, 360-62 (1969); see also EEOC v. Frank's Nursery & Crafts, Inc., 177 F.3d 448, 456
(6th Cir. 1999); EEOC v. Goodyear Aerospace Corp., 813 F.2d 1539, 1542-43 (9th Cir. 1987).
3.

The effect, if any, on the enforceability of the rest of the agreement if the class

action waiver clause of the DRA is unenforceable.
IT IS SO ORDERED.
Dated: 1/12/2017
______________________________________
VINCE CHHABRIA
United States District Judge