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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 JOYCE MCCRAY-KEY, 11 For the Northern District of California United States District Court 10 12 13 Plaintiff, No. C 14-02122 JSW v. ORDER CONTINUING HEARING AND CASE MANAGEMENT CONFERENCE AND ORDERING SUPPLEMENTAL BRIEFING HEALTHSOURCE GLOBAL STAFFING, Defendant. / 14 15 On May 15, 2014, Defendant filed a Petition to Compel Arbitration. Plaintiff is a 16 temporary nurse who worked for Defendant on what she contends were at least five separate 17 assignments. Plaintiff concedes that, subject to certain conditions, she would be bound to 18 arbitrate claims for the time periods covered by the Temporary Employment Agreements that 19 Defendant has attached as exhibits to its motion. However, she argues that she cannot be bound 20 to arbitrate claims for the period September 21, 2011 to September 26, 2011, a time period for 21 which Defendant has not produced a Temporary Employment Agreement. 22 Defendant argues that in response that Plaintiff executed a Temporary Employment 23 Agreement on or about October 29, 2012, and that this agreement supersedes all prior 24 agreements. However, Plaintiff also contends that each of her assignments with Defendant was 25 a separate term of employment. Plaintiff’s position would appear to be bolstered by the fact 26 that Plaintiff was required to complete a separate “Temporary Employment Agreement,” for 27 each assignment. Defendant does not address that argument in its reply. 28 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 1 of employment. If Defendant agrees that each assignment constituted a separate term of 2 employment, Defendant shall also provide further briefing to support its position that the 3 October 29, 2012 agreement controls all prior agreements. 4 Defendant’s supplemental brief shall be due by August 1, 2014. Plaintiff may file a 5 reply to Defendant’s response by no later than August 8, 2014. The Court CONTINUES the 6 hearing scheduled for August 1, 2014, to August 29, 2014, at 9:00 a.m. If the Court finds the 7 motion suitable for disposition without oral argument, the Court shall notify the parties in 8 advance of the hearing date. 9 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 11 For the Northern District of California United States District Court 10 conference shall be due by no later than September 5, 2014. 12 13 IT IS SO ORDERED. Dated: July 21, 2014 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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