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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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DONNA J. FORSYTH, et al.,

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Case No. 5:16-cv-04775-EJD

United States District Court
Northern District of California

Plaintiffs,
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ORDER RE: PLAINTIFFS’ MOTION
FOR RECONSIDERATION

v.
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HP INC., et al.,

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Re: Dkt. No. 136

Defendants.
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On September 20, 2017, this Court granted Defendants’ motions to compel arbitration1 and

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administratively closed this case. Dkt. No. 132.
Plaintiffs have moved for reconsideration of this Court’s order compelling arbitration. Dkt.

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No. 136. They explain that some Plaintiffs, but not all of them, signed Release Agreements

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containing arbitration provisions. Id. at 1. Plaintiffs argue that this case should not be stayed with

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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

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entire case pending the outcome of arbitration proceedings. Dkt. No. 140.

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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
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The Court requests further briefing on whether this case should nonetheless be stayed with

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respect to claims by Plaintiffs who did not sign Release Agreements. Defendants may address this

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issue in a motion to stay, not to exceed ten pages, to be filed by December 22, 2017. Plaintiffs may

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file an opposition brief, not to exceed ten pages, by January 5, 2018. Defendants may file a reply

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brief, not to exceed five pages, by January 12, 2018. Defendants shall notice their motion for

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hearing on February 8, 2018.

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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.

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: December 6, 2017
______________________________________
EDWARD J. DAVILA
United States District Judge

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Case No.: 5:16-cv-04775-EJD
ORDER RE: PLAINTIFFS’ MOTION FOR RECONSIDERATION
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