McCray-Key v. Healthsource Global Staffing

Filing 26

ORDER CONTINUING HEARING AND CASE MANAGEMENT CONFERENCE AND ORDERING SUPPLEMENTAL BRIEFING. Case Management Statement due by 9/5/2014. Initial Case Management Conference set for 9/12/2014 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Motion Hearing set for 8/29/2014 09:00 AM in Courtroom 5, 2nd Floor, Oakland before Hon. Jeffrey S. White. Signed by Judge JEFFREY S. WHITE on 7/21/14. (jjoS, COURT STAFF) (Filed on 7/21/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOYCE MCCRAY-KEY,

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For the Northern District of California

United States District Court

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Plaintiff,

No. C 14-02122 JSW

v.

ORDER CONTINUING HEARING
AND CASE MANAGEMENT
CONFERENCE AND ORDERING
SUPPLEMENTAL BRIEFING

HEALTHSOURCE GLOBAL STAFFING,
Defendant.
/

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On May 15, 2014, Defendant filed a Petition to Compel Arbitration. Plaintiff is a

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temporary nurse who worked for Defendant on what she contends were at least five separate

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assignments. Plaintiff concedes that, subject to certain conditions, she would be bound to

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arbitrate claims for the time periods covered by the Temporary Employment Agreements that

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Defendant has attached as exhibits to its motion. However, she argues that she cannot be bound

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to arbitrate claims for the period September 21, 2011 to September 26, 2011, a time period for

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which Defendant has not produced a Temporary Employment Agreement.

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Defendant argues that in response that Plaintiff executed a Temporary Employment

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Agreement on or about October 29, 2012, and that this agreement supersedes all prior

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agreements. However, Plaintiff also contends that each of her assignments with Defendant was

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a separate term of employment. Plaintiff’s position would appear to be bolstered by the fact

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that Plaintiff was required to complete a separate “Temporary Employment Agreement,” for

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each assignment. Defendant does not address that argument in its reply.

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Accordingly, it is HEREBY ORDERED that Defendant shall submit a supplemental
brief setting forth its position on Plaintiff’s argument that each assignment was a separate term

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of employment. If Defendant agrees that each assignment constituted a separate term of

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employment, Defendant shall also provide further briefing to support its position that the

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October 29, 2012 agreement controls all prior agreements.

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Defendant’s supplemental brief shall be due by August 1, 2014. Plaintiff may file a

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reply to Defendant’s response by no later than August 8, 2014. The Court CONTINUES the

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hearing scheduled for August 1, 2014, to August 29, 2014, at 9:00 a.m. If the Court finds the

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motion suitable for disposition without oral argument, the Court shall notify the parties in

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advance of the hearing date.

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The Court CONTINUES the case management conference scheduled for August 15,
2014 at 11:00 a.m. September 12, 2014 at 11:00 a.m. The parties’ joint case management

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For the Northern District of California

United States District Court

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conference shall be due by no later than September 5, 2014.

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IT IS SO ORDERED.
Dated: July 21, 2014
JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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