Opinion
2-22-CV-02270-WBS-AC
03-08-2023
CURTIS WHITE, on behalf of himself and all similarly aggrieved employees, Plaintiff, v. CORTECH WEST STAFFING, LLC, THYSSENKRUPP MATERIALS NA, INC., THYSSENKRUPP SUPPLY CHAIN SERVICES NA, Inc., TESLA, INC. dba TESLA MOTORS, INC., and DOES 1 through 50, inclusive, Defendants.
CHAD D. GREESON, NICHOLAS GIOIELLO, LITTLER MENDELSON, P.C., Attorneys for Defendants THYSSENKRUPP SUPPLY CHAIN SERVICES NA, INC. and THYSSENKRUPP MATERIALS NA, INC. TINA M. JACQUEZ, SOLTMAN, LEVITT, FLAHERTY & WATTLES LLP, Attorneys for Defendant CORTECH WEST STAFFING, LLC BRIAN BERRY, ANDREA FELLION, Morgan, Lewis & Bockius LLP, Attorneys for Defendant CORTECH WEST STAFFING, LLC. B. JAMES FITZPATRICK, LAURA L. FRANKLIN, FITZPATRICK & SWANSTON, LARRY W. LEE, HOWARD L. MAGEE, SHALOM “CHRISTINE” CHOO, DIVERSITY LAW GROUP, P.C., Attorneys for Plaintiff CURTIS WHITE
CHAD D. GREESON, NICHOLAS GIOIELLO, LITTLER MENDELSON, P.C., Attorneys for Defendants THYSSENKRUPP SUPPLY CHAIN SERVICES NA, INC. and THYSSENKRUPP MATERIALS NA, INC.
TINA M. JACQUEZ, SOLTMAN, LEVITT, FLAHERTY & WATTLES LLP, Attorneys for Defendant CORTECH WEST STAFFING, LLC
BRIAN BERRY, ANDREA FELLION, Morgan, Lewis & Bockius LLP, Attorneys for Defendant CORTECH WEST STAFFING, LLC.
B. JAMES FITZPATRICK, LAURA L. FRANKLIN, FITZPATRICK & SWANSTON, LARRY W. LEE, HOWARD L. MAGEE, SHALOM “CHRISTINE” CHOO, DIVERSITY LAW GROUP, P.C., Attorneys for Plaintiff CURTIS WHITE
JOINT STIPULATION TO STAY ENTIRE ACTION; ORDER
WILLIAM B. SHUBB UNITED STATES DISTRICT JUDGE.
TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD:
Plaintiff Curtis White (“Plaintiff”) and Defendants CorTech West Staffing, LLC, Thyssenkrupp Materials NA. Inc. and Thyssenkrupp Supply Chain Services NA, Inc. (together, “Thyssenkrupp”), and Tesla, Inc. dba Tesla Motors, Inc. (“Tesla”) (collectively, the “Defendants”) (Plaintiff and Defendant referred to collectively herein as “the Parties”), by and through their respective attorneys of record, hereby submit the following Joint Stipulation to Stay Entire Action as follows:
WHEREAS, on October 24, 2022, Plaintiff filed this Class Action Complaint for Damages, Penalties And For Injunctive Relief against Defendant (the “Complaint”) in the Superior Court of California, County of San Joaquin;
WHEREAS, on December 19, 2022, Defendants removed Plaintiff's Complaint to the United States District Court for the Eastern District of California;
WHEREAS, absent an order granting this stipulated stay, Defendants currently anticipate filing a motion to compel individual arbitration because Defendants maintain that Plaintiff entered into an arbitration agreement that requires him to submit his claims to arbitration and Plaintiff disagrees, maintaining that he did not enter into an arbitration agreement and that, if he did, the agreement is unenforceable;
WHEREAS, by entering into this Joint Stipulation to Stay Entire Action, Defendant expressly reserves and does not waive any right to file a motion to compel arbitration;
WHEREAS, the Parties agree that it will conserve judicial and Party resources and promote the orderly administration of justice for the Court to stay this case because:
The Parties recently agreed to attempt to resolve this case through private mediation. The Parties are now meeting and conferring on mediator selection and expect to have completed mediation within six months. In light of their agreement to mediate, the Parties would like to avoid burdening the Court and to avoid spending the time and money associated with litigation in the event that they can resolve this case in mediation.
NOW, THEREFORE, to conserve the judicial resources of this Court and the Parties' resources, the Parties hereby stipulate to a voluntary stay of this litigation pending mediation. The Parties respectfully request that the Court stay the case in its entirely and set a status conference for approximately six months from the date of this stipulation.
ORDER
The Court, having reviewed the Parties' Joint Stipulation and good cause appearing therefore, hereby orders as follows: The Stipulation is GRANTED. The Scheduling Conference is reset for October 10, 2023 at 1:30 p.m. All proceedings in this case are hereby STAYED until that date. A joint status report shall be filed no later than September 26, 2023 in accordance with the Court's Order Re: Status (Pretrial Scheduling) Conference filed December 20, 2022 (Docket No. 3).
IT IS SO ORDERED.