Ralph v. Hosseini et al

Filing 51

ORDER LIFTING STAY, GRANTING MOTION TO COMPEL ARBITRATION OF FLSA CLAIM, STAYS ACTION PENDING ARBITRATION. Court lifts the stay, compels arbitration of all claims alleged in Plaintiffs complaint, and stays the action pending arbitration. Plaintiff i s instructed to file a status report on the progress of the arbitration by November 30, 2018. The failure of Plaintiff to file the status report or to prosecute his claims in arbitration will result in the dismissal of this action without prejudice.Signed by Judge Jeffrey T. Miller on 5/30/2018.(gac)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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JOHN RALPH,

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v.

CASE NO. 17cv1332 JM(JMA)
Plaintiff,

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HAJ, INC.; D.O.S. PIZZA, INC.;
NORTH COUNTY PIZZA, INC.;
PIZZAFELLA, LLC.; SLAMMED
PIZZA, INC.; and SLAMMED PIZZA
JR., INC.,

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ORDER LIFTING STAY; GRANTING
MOTION TO COMPEL
ARBITRATION OF FLSA CLAIM;
STAYING ACTION PENDING
ARBITRATION

Defendants.

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On November 13, 2017, the court entered an Order Provisionally Granting in

19 Part and Denying in Part Motion to Compel Arbitration and Staying Action (“Order”).
20 The order provisionally compelled arbitration of Plaintiff’s state law claims and
21 deferred ruling on the motion to compel arbitration of the Fair Labor Standards Act
22 (“FLSA”), 29 U.S.C. §201 et seq., claim pending resolution of the appeal in Morris v.
23 Ernst & Young, 834 F.3d 975 (9th Cir. 2017), cert. granted, 137 S.Ct. 809 (2017)
24 (holding that collective action waivers in arbitration provisions are not enforceable).
25 The court also stayed the action pending resolution of the appeal by the Supreme Court.
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On May 21, 2018, the Supreme Court reversed the Ninth Circuit and held that

27 class and collective action waivers in arbitration agreements are lawful and must be
28 enforced pursuant to the Federal Arbitration Act. Epic Systems Corp. v. Lewis,
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17cv1332

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_S.Ct._, 2018 WL 2292444 (May 21, 2018). Accordingly, the court lifts the stay and

2 compels arbitration of all claims asserted in Plaintiff’s complaint, including the FLSA
3 claim.
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In sum, the court lifts the stay, compels arbitration of all claims alleged in

5 Plaintiff’s complaint, and stays the action pending arbitration. Plaintiff is instructed
6 to file a status report on the progress of the arbitration by November 30, 2018. The
7 failure of Plaintiff to file the status report or to prosecute his claims in arbitration will
8 result in the dismissal of this action without prejudice.
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IT IS SO ORDERED.

10 DATED: May 30, 2018
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Hon. Jeffrey T. Miller
United States District Judge

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cc:

All parties

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17cv1332