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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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FAINE DAVIS,

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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

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On August 5, 2014, after this case was remanded from the

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Ninth Circuit, the Court entered an order advising Plaintiff Faine

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Davis that she could amend her complaint to vindicate the alleged

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violations by Nordstrom pursuant to California’s Private Attorney

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General Act of 2004 (PAGA).

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complaint must be filed within twenty-eight days.

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Court advised Davis that it would order arbitration and dismiss

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the case, retaining jurisdiction only to enforce the award.

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Having received no further filings from Plaintiff, the Court

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entered an order on September 26, 2014, compelling arbitration and

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dismissing the action.

The Court ordered that any amended
Otherwise, the

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Plaintiff has now filed a motion for leave to file a motion

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for reconsideration, noting that after briefing on the motion to

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compel arbitration was complete, but prior to the hearing on the

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motion, the parties stipulated that Plaintiff be granted leave to

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file an amended complaint.

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and, on September 19, 2011, Plaintiff filed her First Amended

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Complaint (1AC).

The Court granted the 2011 stipulation

Plaintiff further notes that the 1AC includes a

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PAGA claim.

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leave to file a motion for reconsideration.

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Accordingly, the Court GRANTS Plaintiff’s motion for

Moreover, the Court construes Plaintiff’s motion for leave to

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file a motion for reconsideration as her motion for

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reconsideration and is inclined to grant it.

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the motion for reconsideration it shall file a memorandum of

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points and authorities within seven days of the date of this

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order.

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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

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for reconsideration, the Court will vacate its September 26, 2014

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order and reopen the case.

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arbitration as to all non-PAGA claims.

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oppose the motion for reconsideration, it is directed to file a

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response to Plaintiff’s complaint to the extent it asserts a PAGA

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claim within fourteen days of the date of this order.

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The Court will, however, compel
If Defendant does not

IT IS SO ORDERED.

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Dated:

October 9, 2014
CLAUDIA WILKEN
United States District Judge

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