Wallis v. AutoZone, Inc.
Filing
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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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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
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Attorneys for Plaintiff CHERIE WALLIS
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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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
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TO THE COURT CLERK, ALL PARTIES AND ALL ATTORNEYS OF
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RECORD:
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Pursuant to, and after considering the stipulation of Plaintiff Cherie Wallis
and Autozone, Inc. (collectively “the parties”), the Court Orders as follows:
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1. Subject to applicable law and the conditions below, the arbitration will
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proceed in accordance with the Autozone Dispute Resolution Agreement
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submitted by Defendant with its Motion to Compel Arbitration in the
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Vollmert Declaration ¶3, Exh. A.
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1
ORDER
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2. Defendant will pay all arbitration fees and costs (including arbitrator fees
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and any forum fees) beyond the filing fee that plaintiff would otherwise pay
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for initiating a civil complaint.
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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.
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5. The Court will retain jurisdiction to assist the parties in appointment of an
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arbitrator in the event they are unable to agree as to an Arbitrator and/or
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enter a judgment regarding the arbitration.
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IT IS SO ORDERED.
Dated: September 14
, 2020
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UNITED STATES DISTRICT JUDGE
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ORDER
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