Opinion
3:23-cv-05588-TMC
12-04-2023
GERALD BOGLE, Plaintiff, v. BIG LOTS MANAGEMENT, LLC, Defendant.
THE BLANKENSHIP LAW FIRM, PLLC Scott C. G. Blankenship, WSBA No. 21431 Tobin S. Klusty, WSBA No. 52561 Attorneys for Plaintiff VORYS, SATER, SEYMOUR AND PEASE LLP Cory D. Catignani (CA Bar #332551) (Admitted PHV) Jocelyn M. Hoffman (CA Bar #332297) (Admitted PHV) Attorneys for Defendant LANE POWELL PC Beth G. Joffe, WSBA No. 42782 Attorney for Defendant
THE BLANKENSHIP LAW FIRM, PLLC Scott C. G. Blankenship, WSBA No. 21431 Tobin S. Klusty, WSBA No. 52561 Attorneys for Plaintiff
VORYS, SATER, SEYMOUR AND PEASE LLP Cory D. Catignani (CA Bar #332551) (Admitted PHV) Jocelyn M. Hoffman (CA Bar #332297) (Admitted PHV) Attorneys for Defendant
LANE POWELL PC Beth G. Joffe, WSBA No. 42782 Attorney for Defendant
STIPULATED MOTION TO STAY CASE PENDING ARBITRATION
Tiffany M. Cartwright, United States District Court Judge
Plaintiff Gerald Bogle and Defendant Big Lots Management, LLC (collectively “Parties”), appearing by and through their respective attorneys of record, hereby stipulate and jointly move the Court to stay the above-captioned matter to permit the Parties to proceed in arbitration before the American Arbitration Association.
This is an employment lawsuit. Plaintiff initially filed his first Complaint in this Court on June 30, 2023, asserting federal and state law employment-related claims. See Dkt. 1 at ¶ 1. He later filed his First Amended Complaint on August 18, 2023. See Dkt. 14.
Defendant's counsel provided Plaintiff's counsel with a signed Arbitration Agreement wherein the Parties agreed to submit “any legal claims or disputes between [them] arising out of or related to [Plaintiff's] employment . . . or termination of employment” to binding arbitration, which covers claims that Plaintiff brought in the instant lawsuit. See the Arbitration Agreement attached to this Motion as Exhibit A. The Parties stipulate that the Arbitration Agreement permits the parties to have all rights provided under the Federal Arbitration Act, 9 U.S.C. §§ 10, 11. The Parties also stipulate to modify the Arbitration Agreement insofar as the Parties will use the King County Superior Court Local Civil Rules for discovery.
Subject to the above stipulations, the Parties hereby agree to stay the case pending the above-referenced arbitration. The Parties agree to file a status report and/or dismissal within thirty (30) days following the completion of binding arbitration.
Accordingly, the Parties request that the Court stay this matter pursuant to 9 U.S.C. § 3, pending completion of arbitration in accordance with the terms of the Arbitration Agreement and the stipulations above.
ORDER
ORDERED that the above captioned matter is stayed pending arbitration. The parties must submit a status report and/or notice of dismissal within thirty (30) days following the completion of arbitration. The parties must also submit a status report no later than June 4, 2024, informing the Court of the status of the case whether the arbitration is completed or not.
DECLARATION OF SERVICE
I hereby certify under penalty of perjury under the laws of the State of Washington that on the date and in the manner listed below I caused delivery of a true copy of the attached document to the following attorneys for Defendant(s):
Beth G. Joffe, WSBA No. 42782 1420 Firth Avenue Suite 4200 P.O. Box 91302 Seattle, Washington 98111 Telephone: 206-223-7000 joffeb@lanepowell.com
Cory D. Catignani, Pro Hac Vice Jocelyn M. Hoffman, Pro Hac Vice 4675 MacArthur Court, Suite 700 Newport Beach, CA 92660 Telephone: 949-526-7906 cdcatignani@vorys.com jmhoffman@vorys.com
[ ] by Electronic Mail
[ ] by Facsimile Transmission
[ ] by First Class Mail
[ ] by Hand Delivery
[ ] by Notification via E-filing System
[ ] by Electronic Mail
[ ] by Facsimile Transmission
[ ] by First Class Mail
[ ] by Hand Delivery
[ ] by Notification via E-filing System