Matoza v. Thor Motor Coach, Inc. et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
THOR INDUSTRIES, INC., et al.,
Case No. 17-cv-01971-MMC
ORDER GRANTING DEFENDANTS'
MOTIONS TO COMPEL
PLAINTIFF’S SECOND AMENDED
Dkt. Nos. 47, 51
United States District Court
Northern District of California
Before the Court are defendants Automobile Protection Corporation’s (“APCO”)
and Warranty Support Services, LLC’s (“WSSL”) motions to compel arbitration, filed,
respectively, July 17, 2017 and July 28, 2017. Plaintiff Henry Matoza, Jr. (“Matoza”) has
filed opposition, to which defendants have replied. The matter came on regularly for
hearing on September 29, 2017. Matoza appeared pro se. Mirna Scheffy appeared on
behalf of defendants.
The Court having considered the parties’ respective written submissions and the
arguments of counsel at the hearing, the motions to compel arbitration are, for the
reasons stated on the record at the hearing, hereby GRANTED and, as to defendants
APCO and WSSL, the above-titled action is hereby STAYED pending conclusion of the
Additionally, for the reasons stated on the record at the hearing, plaintiff’s Second
Amended Complaint is hereby STRICKEN, without prejudice to plaintiff’s moving,
pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, for further leave to
IT IS SO ORDERED.
Dated: September 29, 2017
MAXINE M. CHESNEY
United States District Judge
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