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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 CHARLES L. THOMPSON, IV, CA Bar No. 139927 charles.thompson@ogletree.com J.P. SCHREIBER, CA Bar No. 317829 john.schreiber@ogletree.com 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 edgar@manukyanlawfirm.com 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 15 NORTHERN DISTRICT OF CALIFORNIA 16 17 FRANK SAITTA, an individual, Case No. 3:20-cv-05953- RS 18 Plaintiff, 19 v. STIPULATION AND ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO DISMISS COURT ACTION 20 21 SIGNAL PERFECTION, LTD., a Florida Corporation; and DOES 1 through 20, inclusive, 22 Defendant. Complaint Filed: July 14, 2020 Trial Date: Judge: None Set Hon. Joseph C. Spero 23 24 25 26 27 28 Case No. 3:20-cv-05953-JCS STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO DISMISS COURT ACTION 1 2 STIPULATION WHEREAS, on July 14, 2020, Plaintiff Frank Saitta (“Plaintiff”) filed this action in the 3 Superior Court of California for the County of Alameda against Defendant Signal Perfection, Ltd. 4 (“Defendant”) asserting causes of action for: (1) Failure to Reinstate in Violation of the California 5 Family Rights Act (“CFRA”); (2) Discrimination in Violation of the CFRA; (3) Retaliation in 6 Violation of the CFRA; (4) Disability Discrimination in Violation of the Fair Employment and 7 Housing Act (“FEHA”); (5) Failure to Engage in a Good Faith Interactive Process in Violation of 8 the FEHA; (6) Failure to Provide Reasonable Accommodation in Violation of the FEHA; (7) 9 Retaliation in Violation of the FEHA; (8) Failure to Prevent Discrimination and Retaliation in 10 Violation of the FEHA; and (9) Wrongful Termination in Violation of Public Policy (the 11 “Action”). 12 WHEREAS, on August 24, 2020, Defendant removed this Action to this Court. 13 WHEREAS, the parties agree that they entered into and are bound by the arbitration 14 agreement signed by Plaintiff on January 9, 2015, with respect to the claims at issue in the Action. 15 16 NOW, THEREFORE, Plaintiff and Defendant, by and through their respective counsel, hereby stipulate and agree as follows: 17 1. The Action shall be submitted to binding arbitration; 18 2. The Action shall be dismissed in its entirety, in light of the agreement to arbitrate, 19 without prejudice to refile upon the conclusion of the arbitration to enforce any 20 award, if necessary. 21 IT IS SO STIPULATED. 22 DATED: September 3, 2020 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 23 24 25 26 27 By: /s/ J.P. Schreiber CHARLES L. THOMPSON, IV J.P. SCHREIBER Attorneys for Defendant SIGNAL PERFECTION, LTD. 28 1 Case No. 3:20-cv-05953-JCS STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO DISMISS COURT ACTION 1 2 DATED: September 3, 2020 MANUKYAN LAW FIRM, APC. 3 4 By: /s/ Edgar Manukyan EDGAR MANUKYAN 5 Attorneys for Plaintiffs FRANK SAITTA 6 7 8 ATTESTATION PER CIVIL L.R. 5-1(i)(3) 9 10 I hereby attest that concurrence in the filing of this document has been obtained from each 11 of the other signatories. 12 13 14 15 DATE: September 3, 2020 By: /s/ J.P. Schreiber J.P. Schreiber Attorneys for Defendant SIGNAL PERFECTION, LTD. 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 3:20-cv-05953-JCS STIPULATION AND [PROPOSED] ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO DISMISS COURT ACTION 1 2 ORDER The above stipulation is approved. This action shall be submitted to binding arbitration, and 3 shall be dismissed in its entirety, in light of the agreement to arbitrate, without prejudice to refile 4 upon the conclusion of the arbitration to enforce any award, if necessary. 5 IT IS SO ORDERED. 6 September 15, 2020 7 DATED: ________________________ 8 _______________________________________ HON. RICHARD SEEBORG UNITED STATES DISTRICT JUDGE 9 10 43738069.1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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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