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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1 2 IN THE UNITED STATES DISTRICT COURT 3 FOR THE NORTHERN DISTRICT OF CALIFORNIA 4 5 HENRY MATOZA, Plaintiff, 6 v. 7 8 THOR INDUSTRIES, INC., et al., Defendants. 9 Case No. 17-cv-01971-MMC ORDER GRANTING DEFENDANTS' MOTIONS TO COMPEL ARBITRATION; STRIKING PLAINTIFF’S SECOND AMENDED COMPLAINT Dkt. Nos. 47, 51 10 United States District Court Northern District of California 11 Before the Court are defendants Automobile Protection Corporation’s (“APCO”) 12 and Warranty Support Services, LLC’s (“WSSL”) motions to compel arbitration, filed, 13 respectively, July 17, 2017 and July 28, 2017. Plaintiff Henry Matoza, Jr. (“Matoza”) has 14 filed opposition, to which defendants have replied. The matter came on regularly for 15 hearing on September 29, 2017. Matoza appeared pro se. Mirna Scheffy appeared on 16 behalf of defendants. 17 The Court having considered the parties’ respective written submissions and the 18 arguments of counsel at the hearing, the motions to compel arbitration are, for the 19 reasons stated on the record at the hearing, hereby GRANTED and, as to defendants 20 APCO and WSSL, the above-titled action is hereby STAYED pending conclusion of the 21 arbitration. 22 Additionally, for the reasons stated on the record at the hearing, plaintiff’s Second 23 Amended Complaint is hereby STRICKEN, without prejudice to plaintiff’s moving, 24 pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, for further leave to 25 amend. 26 IT IS SO ORDERED. 27 Dated: September 29, 2017 28 MAXINE M. CHESNEY United States District Judge

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