Levin v. Caviar, Inc.

Filing 51

Notice of Intent to Dismiss by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 3/29/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFRY LEVIN,
Plaintiff,

United States District Court
Northern District of California

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Case No. 15-cv-01285-EDL
NOTICE OF INTENT TO DISMISS

v.

Re: Dkt. No. 50
CAVIAR, INC.,
Defendant.

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This is a putative wage and hour class action brought by restaurant delivery drivers against

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Caviar, Inc. This Court previously granted a motion to compel arbitration of Plaintiff’s individual

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claims, held that the class action waiver was enforceable but the California Private Attorneys

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General Act of 2004, Cal. Lab.Code, § 2698 et seq. (“PAGA”) waiver was not, and ultimately

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ordered the parties to arbitrate the issue of the arbitrability of the PAGA claims. Dkt. Nos. 43.

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The Court stayed the case pending the arbitrator’s decision on the question of whether Plaintiff’s

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PAGA claim is arbitrable. Dkt. No. 49.

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On March 24, 2016, the parties filed a stipulation of dismissal with prejudice of Plaintiff’s

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PAGA claims because they have agreed that another Caviar courier will pursue these claims in

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arbitration. Dkt. No. 50. However, the parties did not ask the Court to either stay or dismiss the

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remainder of the case. This Court has the discretion to stay the case under 9 U.S.C. § 3 or dismiss

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the litigation entirely. See Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir.1988).

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The Court is inclined to dismiss the entire case with prejudice at this time. If any party objects to

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dismissal of the case, or objects to dismissal with prejudice as opposed to without prejudice, the

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party shall file a brief of no more than three pages within one week of the date of this Order

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explaining the reason for the objection. If no objections are timely received, the Court will

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dismiss the action in its entirety with prejudice.

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IT IS SO ORDERED.
Dated: March 29, 2016

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ELIZABETH D. LAPORTE
United States Magistrate Judge

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United States District Court
Northern District of California

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