Matoza v. Thor Motor Coach, Inc. et al

Filing 94

ORDER GRANTING DEFENDANTS' MOTIONS TO COMPEL ARBITRATION; STRIKING PLAINTIFF'S SECOND AMENDED COMPLAINT. Signed by Judge Maxine M. Chesney on 10/02/2017. (mmclc2, COURT STAFF) (Filed on 10/2/2017)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HENRY MATOZA,
Plaintiff,

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v.

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THOR INDUSTRIES, INC., et al.,
Defendants.

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Case No. 17-cv-01971-MMC
ORDER GRANTING DEFENDANTS'
MOTIONS TO COMPEL
ARBITRATION; STRIKING
PLAINTIFF’S SECOND AMENDED
COMPLAINT
Dkt. Nos. 47, 51

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United States District Court
Northern District of California

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Before the Court are defendants Automobile Protection Corporation’s (“APCO”)

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and Warranty Support Services, LLC’s (“WSSL”) motions to compel arbitration, filed,

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respectively, July 17, 2017 and July 28, 2017. Plaintiff Henry Matoza, Jr. (“Matoza”) has

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filed opposition, to which defendants have replied. The matter came on regularly for

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hearing on September 29, 2017. Matoza appeared pro se. Mirna Scheffy appeared on

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behalf of defendants.

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The Court having considered the parties’ respective written submissions and the

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arguments of counsel at the hearing, the motions to compel arbitration are, for the

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reasons stated on the record at the hearing, hereby GRANTED and, as to defendants

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APCO and WSSL, the above-titled action is hereby STAYED pending conclusion of the

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arbitration.

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Additionally, for the reasons stated on the record at the hearing, plaintiff’s Second

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Amended Complaint is hereby STRICKEN, without prejudice to plaintiff’s moving,

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pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, for further leave to

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amend.

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IT IS SO ORDERED.

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Dated: September 29, 2017

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MAXINE M. CHESNEY
United States District Judge