Wallis v. AutoZone, Inc.

Filing 10

ORDER signed by District Judge Troy L. Nunley on 9/14/2020 ORDERING that the arbitration will proceed in accordance with the Autozone Dispute Resolution Agreement; that defendant will pay all arbitration fees and costs beyond the filing fee for initi ating a civil complaint; that the Federal Rules of Civil Procedure will govern discovery in the arbitration; DEEMING 7 Motion to Compel off calendar; and DISMISSING this case without prejudice. The Court will retain jurisdiction to assist the parties in appointment of an arbitrator in the event they are unable to agree as to an Arbitrator and/or enter a judgment regarding the arbitration. CASE CLOSED. (Coll, A)

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5 Douglas N. Silverstein, Esq. (SBN 181957) Michael G. Jacob, Esq. (SBN 229939) KESLUK, SILVERSTEIN, JACOB & MORRISON, P.C. 9255 Sunset Blvd., Suite 411 Los Angeles, CA 90069-3309 Telephone: (310) 273-3180 Facsimile: (310) 273-6137 dsilverstein@californialaborlawattorney.com mjacob@californialaborlawattorney.com 6 Attorneys for Plaintiff CHERIE WALLIS 1 2 3 4 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 CHERIE WALLIS, an individual, Plaintiff, v. AUTOZONE, INC. a Nevada Corporation, And DOES 1 through 60, inclusive, Defendants. CASE NO. 2:20-CV-01334-TLN-DMC ORDER RE STIPULATION Date: October 1, 2020 Time: 2:00 p.m. Ctrm: 2 Hon. Troy L. Nunley 16 17 TO THE COURT CLERK, ALL PARTIES AND ALL ATTORNEYS OF 18 RECORD: 19 20 21 Pursuant to, and after considering the stipulation of Plaintiff Cherie Wallis and Autozone, Inc. (collectively “the parties”), the Court Orders as follows: 22 23 1. Subject to applicable law and the conditions below, the arbitration will 24 proceed in accordance with the Autozone Dispute Resolution Agreement 25 submitted by Defendant with its Motion to Compel Arbitration in the 26 Vollmert Declaration ¶3, Exh. A. 27 28 1 ORDER 1 2. Defendant will pay all arbitration fees and costs (including arbitrator fees 2 and any forum fees) beyond the filing fee that plaintiff would otherwise pay 3 for initiating a civil complaint. 4 5 6 7 3. In the arbitration, the Federal Rules of Civil Procedure will govern discovery; 4. The Motion to Compel Arbitration (Doc 7) is deemed off calendar and Case No. 2:20-CV-01334-TLN-DMC is Ordered dismissed without prejudice. 8 5. The Court will retain jurisdiction to assist the parties in appointment of an 9 arbitrator in the event they are unable to agree as to an Arbitrator and/or 10 enter a judgment regarding the arbitration. 11 12 13 14 IT IS SO ORDERED. Dated: September 14 , 2020 15 16 17 UNITED STATES DISTRICT JUDGE 18 19 20 21 22 23 24 25 26 27 28 2 ORDER

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