LOPEZ v. INTEGRATED COMPUTER SALES & SERVICE, INC. et al

Filing 9

OPINION/ORDER denying 5 Motion to Dismiss; that, given plaintiffs request to stay this action, the Court will exercise its discretion and stay these proceedings until such time that the arbitration is complete; the Clerk's Office is hereby d irected to ADMINISTRATIVELY TERMINATE this action pending the outcome of the arbitration. Plaintiff shall notify the Court upon completion of the arbitration if this matter should be restored to the active docket. Signed by Judge Katharine S. Hayden on 6/29/15. (DD, )

Not for Publication
United States District Court
for the District of New Jersey

ADRIEL LOPEZ,
Plaintiff,

Civil No.: 14-5026 (KSH)

v.
INTEGRATED COMPUTER SALES &
SERVICE, INC., MICHAEL CARDELLA, and
JOHN DOES 1-5 AND 6-10,

Opinion and Order

Defendants.

Katharine S. Hayden, U.S.D.J.
This matter comes before the Court upon motion by the defendants, Integrated Computer
Sales & Service Inc. and Michael Cardella, to dismiss the complaint. The Court has reviewed
the parties’ submissions, and notes as follows:
•

The complaint [D.E. 1] asserts claims against defendants for unpaid overtime wages
under the Fair Labor Standards Act, as amended 29 U.S.C. §201, and the New Jersey
Wage and Hour Law.

•

Defendants move to dismiss the complaint [D.E. 5] on the grounds that (1) the
controversy is controlled by a valid arbitration provision, and alternatively (2) that
Lopez’s claims are barred by the employment agreement that he entered into with
defendant Integrated Computer Sales & Service Inc.

•

Lopez, in his opposition to the motion to dismiss [D.E. 8], does not dispute the existence
of an arbitration agreement and “requests that the Court deny the motion to dismiss, but
enter an order staying this matter compelling arbitration.”

Lopez, having consented to an order staying this matter pending the outcome of
arbitration, and with good cause appearing,
IT is on this 29th day of June, 2015
ORDERED that defendants’ motion to dismiss [D.E. 5] is denied; and it is further
ORDERED that, given plaintiff’s request to stay this action, the Court will exercise its
discretion and stay these proceedings until such time that the arbitration is complete. See e.g., 9
U.S.C. § 3; Lloyd v. Hovensa, 369 F. 3d 263, 269 (3d Cir. 2004). For purposes of judicial economy,
the Clerk's Office is hereby directed to administratively terminate this action pending the outcome
of the arbitration. Plaintiff shall notify the Court upon completion of the arbitration if this matter
should be restored to the active docket.
/s/ Katharine S. Hayden
Katharine S. Hayden, U.S.D.J.

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