Stevens v. ExamWorks, LLC et al

Filing 9

STIPULATION and ORDER signed by District Judge Troy L. Nunley on 09/07/21 STAYING case pending completion of the arbitration. (Benson, A.)

Case 2:21-cv-01252-TLN-DMC Document 9 Filed 09/07/21 Page 1 of 5
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SEYFARTH SHAW LLP
John Yslas (SBN 187324)
E-mail: [e-mail]
601 South Figueroa Street, Suite 3300
Los Angeles, California 90017-5793
Telephone: [phone]
Facsimile: [phone]
SEYFARTH SHAW LLP
Francesca L. Hunter (SBN 327571)
[e-mail]
2029 Century Park East, Suite 3500
Los Angeles, California 90067
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
ExamWorks, LLC, ExamWorks Review Services,
LLC, and IME Resources, LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JONI STEVENS, an individual,
Plaintiff,

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v.
EXAMWORKS, LLC, a Delaware limited
liability company; EXAMWORKS
REVIEW SERVICES, LLC, a Delaware
limited liability company; IME
RESOURCES, LLC, a Delaware limited
liability compare; and Does 1-10,

Case No. 2:21-cv-01252-TLN-DMC
(Shasta County Superior Court Case
No.197549)
JOINT STIPULATION TO STAY
ACTION PENDING
ARBITRATION; ORDER
Date Action Filed: June 14, 2021

Defendants.

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TO THE COURT, ALL PARTIES, AND THEIR COUNSEL OF RECORD:
This Stipulation is made by and between Plaintiff JONI STEVENS (“Plaintiff”)

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and Defendants EXAMWORKS, LLC, EXAMWORKS REVIEW SERVICES, LLC, and

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IME RESOURCES, LLC (“Defendants”) (collectively, the “Parties”), by and through
JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION; ORDER

Case 2:21-cv-01252-TLN-DMC Document 9 Filed 09/07/21 Page 2 of 5
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their respective counsel of record. The Stipulation is made with reference to the

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following facts:

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1.

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WHEREAS, on or about April 23, 2019, Plaintiff executed an Arbitration

Agreement with Defendants (the “Agreement”) (Exhibit A).
2.

WHEREAS, on June 14, 2021, Plaintiff filed a complaint in Shasta County

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Superior Court alleging nine claims for relief; (1) Gender Discrimination in Violation of

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FEHA; (2) Age Discrimination in Violation of FEHA; (3) Retaliation in Violation of

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FEHA; (4) Failure to Prevent Discrimination and Harassment; (5) Violation of the

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California Equal Pay Act; (6) Retaliation in Violation of the California Equal Pay Act;

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(7) Retaliation in Violation of Labor Code § 1102.5; (8) Wrongful Termination in

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Violation of Public Policy; and (9) Unfair Business Practices ( the “Complaint”);

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3.

WHEREAS, on July 16, 2021, Defendants filed their Notice of Removal in

the Eastern District Court of California;
4.

WHEREAS, from July 19, 2021 to August 23, 2021, the Parties met and

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conferred regarding the Parties’ Arbitration Agreement and Defendants’ intent to file a

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Motion to Compel Arbitration;

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5.

WHEREAS, Plaintiff has agreed to voluntarily submit her claims to binding

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arbitration pursuant to the terms of the Arbitration Agreement and the Parties’ agreement

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herein (which addresses the parameters of discovery);

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6.

WHEREAS, the Parties have agreed for Plaintiff to submit her claims to

final and binding arbitration with the American Arbitration Association (“AAA”);

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NOW, THEREFORE, IT IS HEREBY AGREED by the Parties as follows:

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1.

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Plaintiff will submit her individual claims set forth in the Complaint to final

and binding arbitration with AAA, pursuant to the Arbitration Agreement;
2.

In arbitration before AAA, each Party will be entitled to five (5) initial

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depositions; twenty-five (25) Interrogatories; twenty-five (25) Requests for Admission;

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and twenty-five (25) Requests for Production;

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JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION; ORDER

Case 2:21-cv-01252-TLN-DMC Document 9 Filed 09/07/21 Page 3 of 5
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3.

Should the Parties wish to seek additional discovery beyond the initial

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discovery permitted by this stipulation (as set forth in paragraph 2 above), the party

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requesting additional discovery shall apply to the arbitrator and must make a showing

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that there is a need for “adequate discovery” (consistent with striking an appropriate

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balance between the desired efficiency of limited discovery in arbitration) pursuant to

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Armendariz v. Foundation Health Psychcare Services, Inc. 24 Cal. 4th 83 (2000), and

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agree to be bound by the arbitrator’s decision whether the party is entitled to such

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additional discovery;

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4.

Defendant shall pay the initial arbitration filing fee and Plaintiff shall file

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documents initiating arbitration with AAA. Defendants will pay all other costs that are

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unique to arbitration, including the arbitrator’s fees and any other arbitration filing and

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administrative fees. Plaintiff remains responsible, however, for all attorneys’ fees and

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costs that are not payable to the AAA or arbitrator;

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5.

The arbitration of Plaintiff’s claims will take place in Los Angeles,

California;

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6.

California law will apply to Plaintiff’s claims in the arbitration; and

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7.

The action will be stayed pending completion of the arbitration. The Court

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will retain jurisdiction for the limited purpose of entertaining statutory proceedings,

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including a petition to confirm, vacate, or correct any arbitration award.

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IT IS SO STIPULATED.
DATED: September 1, 2021

Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ John Yslas
John Yslas
Francesca Hunter
Attorneys for Defendant
ExamWorks, LLC, ExamWorks
Review Services, LLC, and IME
Resources, LLC
ADDITIONAL SIGNATURES ON NEXT PAGE
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JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION; ORDER

Case 2:21-cv-01252-TLN-DMC Document 9 Filed 09/07/21 Page 4 of 5
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DATED: September 2, 2021

Respectfully submitted,
KING & SIEGEL LLP

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By: /s/ Robert King
Robert King
Julian King
Attorneys for Plaintiff
JONI STEVENS

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SIGNATURE ATTESTATION
I hereby attest that the other signatory listed, on whose behalf the filing is
submitted, concurs in the filing’s content and has authorized the filing.
DATED: September 1, 2021

Respectfully submitted,
SEYFARTH SHAW LLP

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By: /s/ John Yslas
John Yslas
Francesca Hunter
Attorneys for Defendant
ExamWorks, LLC, ExamWorks
Review Services, LLC, and IME
Resources, LLC

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ORDER ON NEXT PAGE

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JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION; ORDER

Case 2:21-cv-01252-TLN-DMC Document 9 Filed 09/07/21 Page 5 of 5

ORDER

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IT IS SO ORDERED.

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DATED: September 7, 2021

Troy L. Nunley
United States District Judge

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JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION; ORDER