Opinion
C23-348RSL
03-31-2023
ERIC LEE, Plaintiff, v. AUTONATION INC., and AUTO COMPANY XXI INC., doing business as PORSCHE BELLEVUE, Defendants.
MacDONALD HOAGUE & BAYLESS By: Katherine C. Chamberlain, WSBA # 40017 Attorneys for Plaintiff FISHER PHILLIPS By: Catharine M. Morisset, WSBA #29682 Attorney for Defendants
MacDONALD HOAGUE & BAYLESS By: Katherine C. Chamberlain, WSBA # 40017 Attorneys for Plaintiff
FISHER PHILLIPS By: Catharine M. Morisset, WSBA #29682 Attorney for Defendants
STIPULATION AND ORDER REGARDING ARBITRATION AND STAYING LITIGATION
HONORABLE ROBERT S. LASNIK, JUDGE
STIPULATION
The parties hereby acknowledge that: Plaintiff Eric Lee commenced litigation in King County Superior Court on February 3, 2023, and that is the date of filing for statute of limitations and compliance with EEOC right-to-sue purposes; Defendants were timely served with the complaint and summonses; Defendants filed a timely notice of removal to federal court; and this case is currently pending in the United States District Court for the Western District of Washington.
Now, the parties, through their respective counsel, hereby agree to submit this matter to arbitration under the following conditions:
1. Stay of Court Case and Commencement of Arbitration: The parties stipulate that the Court should stay this case pending arbitration, pursuant to 9 U.S.C § 3. Plaintiff will submit a complaint and this stipulation to Judicial Arbitration and Mediation Services, Inc. (JAMS) to commence arbitration.
2. Arbitrator: The arbitrator will be Judge Regina Cahan (Ret.) at JAMS.
3. Discovery:
a. Each side will be permitted to serve twenty (20) interrogatories, twenty-five (25) requests for production, and ten (10) requests for admission.
b. Each side may take six depositions lasting no more than six hours each and two depositions lasting no more than three hours each.
c. Upon a showing of reasonable need the arbitrator may allow additional discovery. The parties may also stipulate to allow additional discovery.
d. The Federal Rules of Civil Procedure apply to discovery.
4. Timing of Arbitration: Arbitration will occur at a reasonable time convenient for all parties, their counsel, and the arbitrator, and will occur no later than the week of February 5, 2024.
5. Rules: Except as otherwise stipulated herein or by future stipulation of the parties or by order of the arbitrator, the JAMS rules shall apply to the arbitration proceedings.
6. Arbitrator's Award: The arbitrator's award may be vacated only for the reasons set forth in the Washington Uniform Arbitration Act or the Federal Arbitration Act. The parties will not seek to enforce any agreement or purported agreement stating otherwise or that could be interpreted to allow for appellate arbitrator review.
7. Arbitrator's Fees and Costs: Defendant is responsible for paying all costs associated with arbitration that Plaintiff would not have otherwise incurred in court, including the costs, expenses, and the fees of the arbitrator.
8. Remedies: By agreeing to arbitrate Plaintiff's claims, he is submitting to their resolution in an arbitral rather than a judicial forum, but is not forgoing the substantive rights afforded by the Washington Law Against Discrimination or the Age Discrimination in Employment Act, or other law. All types of relief that would otherwise be available in court shall be available to Plaintiff in arbitration.
IT IS SO STIPULATED:
ORDER
The Court has reviewed the parties' Stipulation Regarding Arbitration and Staying Litigation, and is fully advised.
Pursuant to the parties' stipulation to submit this case to arbitration, the case shall be STAYED.