Opinion
2:22-cv-01793-GMN-EJY
01-27-2023
CARYN PECORELLA, an individual, Plaintiff, v. H&R BLOCK TAX COMPANY. a foreign Limited-Liability Company; HRB RESOURCES LLC. A foreign Limited-Liability Company; DOES 1-5 and ROES 1-5 inclusive., Defendants.
Jordan M. Garcia, ESQ. NEVADA FAMILY LAW GROUP, LLC Attorneys for Plaintiff CARYN PECORELLA EMIL S. KIM, ESQ. LITTLER MENDELSON, P.C. Attorneys for Defendant HRB RESOURCES, LLC
Jordan M. Garcia, ESQ.
NEVADA FAMILY LAW GROUP, LLC
Attorneys for Plaintiff
CARYN PECORELLA
EMIL S. KIM, ESQ.
LITTLER MENDELSON, P.C.
Attorneys for Defendant
HRB RESOURCES, LLC
STIPULATION AND [PROPOSED] ORDER TO STAY CASE AND PROCEED TO ARBITRATION
Gloria M. Navarro, District Judge
Plaintiff, CARYN PECORELLA (“Plaintiff”), and Defendant HRB RESOURCES LLC (“Defendant”), by and through their respective counsel of record, do hereby stipulate and agree as follows:
WHEREAS, on or about December 1, 2021, Plaintiff entered into an agreement to arbitrate all disputes arising out of or relating to Plaintiff's employment or termination of employment with Defendant (“Arbitration Agreement”);
WHEREAS, on or about December 26, 2022, Plaintiff filed a Complaint in the United States District Court against Defendant H&R BLOCK TAX COMPANY, District of Nevada, Case No. 2:22-cv-01793-GMN-EJY, alleging claims for breach of contract, bad faith discharge, tortious discharge, defamation, detrimental reliance, and retaliation in violation of Title VII of the Civil Rights Act of 1964;
WHEREAS, on January 24, 2023, Plaintiff filed an Amended Complaint to include HRB RESOURCES LLC as a Defendant in this lawsuit;
HRB Resources LLC was Plaintiff's actual and only employer and is therefore, the only properly-named Defendant.
WHEREAS, on January 26, 2023, Plaintiff filed a Second Amended Complaint;
WHEREAS, the claims alleged in Second Amended Complaint fall within the scope of the Arbitration Agreement;
THEREFORE, IT IS HEREBY STIPULATED by and between Plaintiff and Defendant and ORDERED as follows:
1. The instant action, in its entirety, shall be submitted to binding arbitration pursuant to the terms of the Arbitration Agreement;
2. Plaintiff reserves all claims and causes of action she has against Defendant, and nothing in this stipulation shall serve as a waiver of such claims and causes of action; and
3. All proceedings in the instant action shall be stayed and this Court shall retain jurisdiction over the action pending the conclusion of the arbitration.
ORDER
IT IS SO ORDERED.
IT IS FURTHER ORDERED that the parties shall file Joint Status Reports every ninety (90) days, informing the Court of the status of arbitration proceedings and the case as a whole, beginning on April 27, 2023.