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)

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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

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