Castillo v. Lowe's HIW, Inc.
Filing
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ORDER RE: Hearing on motion to compel arbitration and to dismiss class and representative claims. Signed by Judge Thelton E. Henderson on 11/21/13. (tehlc2, COURT STAFF) (Filed on 11/21/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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EDWARD CASTILLO, individually
and on behalf of all other similar
situated persons, on behalf of the
People of the State of California, and
on behalf of the California Labor and
Workforce Development Agency,
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Plaintiffs,
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v.
NO. C13-4590 TEH
ORDER RE: HEARING ON
MOTION TO COMPEL
ARBITRATION AND TO
DISMISS CLASS AND
REPRESENTATIVE CLAIMS
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For the Northern District of California
United States District Court
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LOWE’S HIW, INC., and DOES 1
through 20,
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Defendants.
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The parties shall be prepared to address the questions below, with specific citations to
15 the record and relevant authorities if appropriate, at the November 25, 2013 hearing on
16 Defendant’s motion to compel arbitration and to dismiss class and representative claims.
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18 QUESTIONS FOR COUNSEL
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20 For Both Parties
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1.
If the Court were to find that there is a genuine dispute of material fact as to
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whether Plaintiff signed the “Agreement to Arbitrate Disputes” (“Arbitration
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Agreement”) (Docket Nos. 9-1, 16-1, 28), what procedure should the Court
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employ to resolve it?
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26 For Plaintiff
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2.
Plaintiff averred under penalty of perjury that he did not sign the Arbitration
Agreement. (Docket No. 16-1.)
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A.
Does Plaintiff concede that he signed any of the arbitration agreements
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that are attached to the Supplemental Declaration of Elizabeth Panora?
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(Docket No. 24, Exs. 1-4)?
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B.
If so, which agreements did Plaintiff sign?
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6 For Defendant
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3.
Where in the record does the “attached Agreement to Arbitrate Disputes”
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referenced in Exhibit C to the Supplemental Panora Declaration appear? (See
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Docket No. 24-3.)
A.
Is the “attached Agreement to Arbitrate Disputes” referenced at Docket
No. 24-3 the Arbitration Agreement at Docket No. 9-1?
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For the Northern District of California
United States District Court
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B.
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Is the “Agreement to Arbitrate Disputes” at Docket No. 24-4 the same
Arbitration Agreement document that appears at Docket No. 9-1?
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4.
What is Defendant’s response to Plaintiff’s assertion that Defendant never
provided him with a copy of the American Arbitration Association rules?
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20 IT IS SO ORDERED.
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22 Dated: 11/21/13
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THELTON E. HENDERSON, JUDGE
UNITED STATES DISTRICT COURT
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