Davis v. Nordstrom, Inc.

Filing 68

ORDER GRANTING PLAINTIFFS 67 MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION. Responses due by 10/16/2014; Replies due by 10/23/2014. Signed by Judge Claudia Wilken on 10/9/2014. (ndr, COURT STAFF) (Filed on 10/9/2014)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 FAINE DAVIS, 5 6 7 8 9 No. C 11-3956 CW Plaintiff, ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A MOTION FOR RECONSIDERATION (Docket No. 67) v. NORDSTROM, INC., Defendants. ________________________________/ United States District Court For the Northern District of California 10 11 On August 5, 2014, after this case was remanded from the 12 Ninth Circuit, the Court entered an order advising Plaintiff Faine 13 Davis that she could amend her complaint to vindicate the alleged 14 violations by Nordstrom pursuant to California’s Private Attorney 15 General Act of 2004 (PAGA). 16 complaint must be filed within twenty-eight days. 17 Court advised Davis that it would order arbitration and dismiss 18 the case, retaining jurisdiction only to enforce the award. 19 Having received no further filings from Plaintiff, the Court 20 entered an order on September 26, 2014, compelling arbitration and 21 dismissing the action. The Court ordered that any amended Otherwise, the 22 Plaintiff has now filed a motion for leave to file a motion 23 for reconsideration, noting that after briefing on the motion to 24 compel arbitration was complete, but prior to the hearing on the 25 motion, the parties stipulated that Plaintiff be granted leave to 26 file an amended complaint. 27 and, on September 19, 2011, Plaintiff filed her First Amended 28 Complaint (1AC). The Court granted the 2011 stipulation Plaintiff further notes that the 1AC includes a 1 PAGA claim. 2 leave to file a motion for reconsideration. 3 Accordingly, the Court GRANTS Plaintiff’s motion for Moreover, the Court construes Plaintiff’s motion for leave to 4 file a motion for reconsideration as her motion for 5 reconsideration and is inclined to grant it. 6 the motion for reconsideration it shall file a memorandum of 7 points and authorities within seven days of the date of this 8 order. 9 seven days thereafter. If Defendant opposes Plaintiff may file a reply in support of its motion within If Defendant does not oppose the motion United States District Court For the Northern District of California 10 for reconsideration, the Court will vacate its September 26, 2014 11 order and reopen the case. 12 arbitration as to all non-PAGA claims. 13 oppose the motion for reconsideration, it is directed to file a 14 response to Plaintiff’s complaint to the extent it asserts a PAGA 15 claim within fourteen days of the date of this order. 16 The Court will, however, compel If Defendant does not IT IS SO ORDERED. 17 18 19 Dated: October 9, 2014 CLAUDIA WILKEN United States District Judge 20 21 22 23 24 25 26 27 28 2

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