Forsyth et al v. HP Inc. et al

Filing 142

ORDER RE: 136 PLAINTIFFS' MOTION FOR RECONSIDERATION. Signed by Judge Edward J. Davila on 12/6/2017. (ejdlc2S, COURT STAFF) (Filed on 12/6/2017)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 SAN JOSE DIVISION 10 DONNA J. FORSYTH, et al., 11 Case No. 5:16-cv-04775-EJD United States District Court Northern District of California Plaintiffs, 12 ORDER RE: PLAINTIFFS’ MOTION FOR RECONSIDERATION v. 13 HP INC., et al., 14 Re: Dkt. No. 136 Defendants. 15 16 On September 20, 2017, this Court granted Defendants’ motions to compel arbitration1 and 17 18 administratively closed this case. Dkt. No. 132. Plaintiffs have moved for reconsideration of this Court’s order compelling arbitration. Dkt. 19 20 No. 136. They explain that some Plaintiffs, but not all of them, signed Release Agreements 21 containing arbitration provisions. Id. at 1. Plaintiffs argue that this case should not be stayed with 22 respect to claims by Plaintiffs whose claims are not subject to arbitration. Id. at 3–5. In response, Defendants argue that the Court properly exercised its discretion to stay the 23 24 entire case pending the outcome of arbitration proceedings. Dkt. No. 140. 25 26 27 28 1 Defendants filed eleven separate motions to compel arbitration. The Court decided those motions in a single order. See Dkt. No. 132 at 2 n.2. Case No.: 5:16-cv-04775-EJD ORDER RE: PLAINTIFFS’ MOTION FOR RECONSIDERATION 1 1 The Court requests further briefing on whether this case should nonetheless be stayed with 2 respect to claims by Plaintiffs who did not sign Release Agreements. Defendants may address this 3 issue in a motion to stay, not to exceed ten pages, to be filed by December 22, 2017. Plaintiffs may 4 file an opposition brief, not to exceed ten pages, by January 5, 2018. Defendants may file a reply 5 brief, not to exceed five pages, by January 12, 2018. Defendants shall notice their motion for 6 hearing on February 8, 2018. 7 8 If Defendants do not file a motion to stay by December 22, 2017, this case will be reopened and the stay vacated as to claims by Plaintiffs who did not sign Release Agreements. 9 10 United States District Court Northern District of California 11 12 13 IT IS SO ORDERED. Dated: December 6, 2017 ______________________________________ EDWARD J. DAVILA United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No.: 5:16-cv-04775-EJD ORDER RE: PLAINTIFFS’ MOTION FOR RECONSIDERATION 2

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