Arrigoni v. Comcast Cable Communications, LLC

Filing 9

ORDER signed by District Judge John A. Mendez on 1/3/2018 ORDERING that pursuant to the parties' stipulation set forth above and 9 U.S.C. § 3, this action shall be STAYED pending completion of arbitration proceedings. The parties shall file joint status reports with the Court every 120 days regarding the status of the arbitration proceedings; alternatively the parties may file appropriate dispositional documents to close this case.(Becknal, R)

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MATTHEW P. LEWIS (155516)
[e-mail]
J. JONATHAN HAWK (254350)
[e-mail]
WHITE & CASE LLP
555 S. Flower Street, Suite 2700
Los Angeles, CA 90071-2433
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
COMCAST CABLE
COMMUNICATIONS, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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MATTHEW ARRIGONI,

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Case No. 2:17-cv-02565-JAM-CMK

Plaintiff,

JOINT STIPULATION AND
ORDER COMPELLING
ARBITRATION AND STAYING
ACTION

vs.
COMCAST CABLE COMMUNICATIONS,
LLC; DOES 1 through 10, inclusive,
Defendant(s).

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WHEREAS, Plaintiff Matthew Arrigoni (“Plaintiff”) filed a complaint against defendant

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Comcast Cable Communications, LLC (“Comcast”) on November 3, 2017 in the Superior Court

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of California, Butte County, and served the complaint on Comcast on November 7, 2017.

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WHEREAS, on December 7, 2017, Comcast filed a Notice of Removal (Dkt. No. 1) in
this Court;
WHEREAS, on December 13, 2017, the parties filed a joint stipulation pursuant to Local

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Rule 144(a) extending Comcast’s deadline to move, plead, or otherwise respond to Plaintiff’s

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complaint to and including January 8, 2018;

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WHEREAS, prior to filing this case, Plaintiff entered into the Comcast Agreement for

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Residential Services (the “Subscriber Agreement”) which contains an arbitration provision

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providing, in relevant part, “[a]ny Dispute involving you and Comcast shall be resolved through
-1AMERICAS 94026249 (2K)

JOINT STIPULATION AND PROPOSED ORDER COMPELLING ARBITRATION AND STAYING ACTION
CASE NO. 2:17-CV-02565-JAM-CMK

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individual arbitration.” The Subscriber Agreement, with the arbitration provision on page 6, is

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attached as Exhibit A;

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WHEREAS, prior to filing a motion to compel arbitration, counsel for Comcast met and

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conferred with counsel for Plaintiff via telephone and email. Through that process, Plaintiff has

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agreed to arbitrate his claims against Comcast;

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THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective

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counsel that the claims alleged in Plaintiff’s complaint are referable to arbitration under the terms

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of the Subscriber Agreement.

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IT IS FURTHER STIPULATED that this case shall be stayed pending resolution of
Plaintiff’s claims in arbitration.

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IT IS FURTHER STIPULATED that each party shall bear its own costs and attorney fees.

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IT IS SO STIPULATED.

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Dated: January 2, 2018

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By: /s/ J. Jonathan Hawk
J. Jonathan Hawk

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Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS,
LLC

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WHITE & CASE LLP

Dated: January 2, 2018

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LAW OFFICES OF TODD M. FRIEDMAN,
P.C.
By: Todd M. Friedman (Authorized 12/29/17)
Todd M. Friedman

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Attorneys for Plaintiff
MATTHEW ARRIGONI

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-2AMERICAS 94026249 (2K)

JOINT STIPULATION AND PROPOSED ORDER COMPELLING ARBITRATION AND STAYING ACTION
CASE NO. 2:17-CV-02565-JAM-CMK

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ORDER
Pursuant to the parties’ stipulation set forth above and 9 U.S.C. § 3, this action shall be
stayed pending completion of arbitration proceedings. The parties shall file joint status reports

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with the Court every 120 days regarding the status of the arbitration proceedings; alternatively the
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parties may file appropriate dispositional documents to close this case.
IT IS SO ORDERED.

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Dated: January 3, 2018

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/s/ John A. Mendez________________________
The Honorable John A. Mendez
UNITED STATES DISTRICT COURT JUDGE

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-3AMERICAS 94026249 (2K)

JOINT STIPULATION AND PROPOSED ORDER COMPELLING ARBITRATION AND STAYING ACTION
CASE NO. 2:17-CV-02565-JAM-CMK