Levin v. Caviar, Inc.

Filing 53

ORDER of Dismissal with Prejudice by Magistrate Judge Elizabeth D. Laporte, ***Civil Case Terminated. (shyS, COURT STAFF) (Filed on 5/2/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JEFFRY LEVIN,
Plaintiff,

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ORDER OF DISMISSAL WITH
PREJUDICE

v.
CAVIAR, INC.,
Defendant.

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United States District Court
Northern District of California

Case No. 15-cv-01285-EDL

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

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

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

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

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

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Nos. 43. The Court stayed the case pending the arbitrator’s decision on the question of whether

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Plaintiff’s 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. The parties did not ask the Court to either stay or dismiss the remainder

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of the case.

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

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entirely. See Sparling v. Hoffman Constr. Co., 864 F.2d 635, 638 (9th Cir.1988). On March 29,

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2016, the Court notified the parties that it was inclined to dismiss the entire case with prejudice

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and that any party who objected to dismissal of the case, or objected to dismissal with prejudice as

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opposed to without prejudice was required to file a brief of no more than three pages within one

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week of the date of the Court’s order explaining the reason for the objection.

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No objections having been received, this Court now dismisses the action in its entirety with
prejudice.
IT IS SO ORDERED.
Dated: May 2, 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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