Horne v. Comcast Corporation

Filing 13

ORDER signed by District Judge Morrison C. England, Jr. on 07/30/18; GRANTING 6 Motion to Compel; Plaintiff shall comply with the terms of the arbitration agreement; this action is STAYED pending any individual arbitration and until further Order of the Court. Within 60 days, and every 60 days thereafter until the arbitration is resolved, the parties are to file a Joint Status Report advising it of the status of the arbitration. (Benson, A.)

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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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KAREN HORNE,

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Case No. 2:18-cv-00862-MCE-AC
Plaintiff,

vs.
COMCAST CORPORATION,

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Defendant.

ORDER GRANTING
DEFENDANT COMCAST
CORPORATION’S MOTION TO
COMPEL ARBITRATION AND
STAY ACTION

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Date:
Time:
Ctrm:
Judge:

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Complaint Filed: April 9, 2018

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July 12, 2018
2:00 p.m.
7 (Sacramento Courthouse)
Hon. Morrison C. England, Jr.

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AMERICAS 94964659 (2K)

ORDER GRANTING COMCAST’S
MOTION TO COMPEL ARBITRATION AND STAY ACTION

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Presently before the Court is Defendant Comcast Corporation’s (“Comcast”) Motion to

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Compel Arbitration and Stay Action, made pursuant to 9 U.S.C. §§ 3 and 4.1 The Court, upon

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consideration of the Motion and all papers in support thereof and in opposition thereto, as well as

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the pleadings, exhibits, and records in this matter, and for good cause having been shown, finds

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that Plaintiff Karen Horne’s dispute is subject to a written arbitration agreement. Nor can

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Plaintiff show that the arbitration provision is unconscionable when she had the right within 30

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days to opt out of the provision without consequence. Accordingly, the Court hereby GRANTS

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Comcast’s Motion in its entirety.

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It is hereby ordered that that Plaintiff is compelled to comply with the terms of the

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arbitration agreement; and it is further ordered that this action is hereby STAYED in its entirety

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pending any individual arbitration and until further Order of the Court. Not later than sixty (60)

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days following the date this Order is electronically filed, and every sixty (60) days thereafter until

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the arbitration is resolved, the parties are directed to file a Joint Status Report with this Court

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advising it of the status of the arbitration.

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IT IS SO ORDERED.
Dated: July 30, 2018

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Because oral argument would not have been of material assistance, the Court ordered these matters submitted
on the briefs pursuant to E.D. Cal. Local Rule 230(g).
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-1AMERICAS 94964659 (2K)

ORDER GRANTING COMCAST’S
MOTION TO COMPEL ARBITRATION AND STAY ACTION