Saitta v. Signal Perfection, Ltd.

Filing 15

STIPULATION AND ORDER RE #9 to Submit Matter to Binding Arbitration and to Dismiss Court Action. Signed by Judge Richard Seeborg on 9/15/2020. (cl, COURT STAFF) (Filed on 9/15/2020)

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CHARLES L. THOMPSON, IV, CA Bar No. 139927
[e-mail]
J.P. SCHREIBER, CA Bar No. 317829
[e-mail]
OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94105
Telephone:
415-442-4810
Facsimile:
415-442-4870
Attorneys for Defendant
SIGNAL PERFECTION, LTD.
EDGAR MANUKYAN, CA Bar No. 314606
[e-mail]
MANUKYAN LAW FIRM, APC.
520 E. Wilson Ave. Suite 200
Glendale, CA 91206
Telephone:
818.559.4444
Facsimile:
888.746.4420
Attorneys for Plaintiff
FRANK SAITTA
UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA
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FRANK SAITTA, an individual,

Case No. 3:20-cv-05953- RS

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Plaintiff,
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v.

STIPULATION AND ORDER TO SUBMIT
MATTER TO BINDING ARBITRATION
AND TO DISMISS COURT ACTION

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SIGNAL PERFECTION, LTD., a Florida
Corporation; and DOES 1 through 20,
inclusive,

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Defendant.

Complaint Filed: July 14, 2020
Trial Date:
Judge:

None Set
Hon. Joseph C. Spero

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Case No. 3:20-cv-05953-JCS
STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO
DISMISS COURT ACTION

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STIPULATION
WHEREAS, on July 14, 2020, Plaintiff Frank Saitta (“Plaintiff”) filed this action in the

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Superior Court of California for the County of Alameda against Defendant Signal Perfection, Ltd.

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(“Defendant”) asserting causes of action for: (1) Failure to Reinstate in Violation of the California

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Family Rights Act (“CFRA”); (2) Discrimination in Violation of the CFRA; (3) Retaliation in

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Violation of the CFRA; (4) Disability Discrimination in Violation of the Fair Employment and

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Housing Act (“FEHA”); (5) Failure to Engage in a Good Faith Interactive Process in Violation of

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the FEHA; (6) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (7)

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Retaliation in Violation of the FEHA; (8) Failure to Prevent Discrimination and Retaliation in

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Violation of the FEHA; and (9) Wrongful Termination in Violation of Public Policy (the

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“Action”).

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WHEREAS, on August 24, 2020, Defendant removed this Action to this Court.

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WHEREAS, the parties agree that they entered into and are bound by the arbitration

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agreement signed by Plaintiff on January 9, 2015, with respect to the claims at issue in the Action.

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NOW, THEREFORE, Plaintiff and Defendant, by and through their respective counsel,
hereby stipulate and agree as follows:

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1.

The Action shall be submitted to binding arbitration;

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2.

The Action shall be dismissed in its entirety, in light of the agreement to arbitrate,

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without prejudice to refile upon the conclusion of the arbitration to enforce any

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award, if necessary.

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IT IS SO STIPULATED.

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DATED: September 3, 2020

OGLETREE, DEAKINS, NASH, SMOAK &
STEWART, P.C.

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By: /s/ J.P. Schreiber
CHARLES L. THOMPSON, IV
J.P. SCHREIBER
Attorneys for Defendant
SIGNAL PERFECTION, LTD.

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Case No. 3:20-cv-05953-JCS
STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO
DISMISS COURT ACTION

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DATED: September 3, 2020

MANUKYAN LAW FIRM, APC.

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By: /s/ Edgar Manukyan
EDGAR MANUKYAN

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Attorneys for Plaintiffs
FRANK SAITTA

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ATTESTATION PER CIVIL L.R. 5-1(i)(3)

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I hereby attest that concurrence in the filing of this document has been obtained from each

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DATE: September 3, 2020

By: /s/ J.P. Schreiber
J.P. Schreiber
Attorneys for Defendant
SIGNAL PERFECTION, LTD.

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Case No. 3:20-cv-05953-JCS
STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO
DISMISS COURT ACTION

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ORDER
The above stipulation is approved. This action shall be submitted to binding arbitration, and

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4 upon the conclusion of the arbitration to enforce any award, if necessary.
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IT IS SO ORDERED.

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September 15, 2020
7 DATED: ________________________
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_______________________________________
HON. RICHARD SEEBORG
UNITED STATES DISTRICT JUDGE

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43738069.1

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Case No. 3:20-cv-05953-JCS
STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO
DISMISS COURT ACTION