Opinion
22cv5443 (DLC)
11-22-2022
BREANNE BUCKLEY PENI, individually and on behalf of all others similarly situated, Plaintiff, v. DAILY HARVEST, INC., et al., Defendants,
ORDER
DENISE COTE, UNITED STATES DISTRICT JUDGE:
The plaintiff filed this action against defendant Daily Harvest, Inc. (“Daily Harvest") on June 27. On July 27, Daily Harvest moved to compel arbitration. On August 17, the plaintiff amended her complaint to add defendants Second Bite Foods, Inc. (doing business as Stone Gate Foods) (“Stone Gate") and five “John Doe Entities."
At a pretrial conference held on November 4, discovery in this case was stayed pending the resolution of Daily Harvest's July 27 motion to compel arbitration. On November 10, Daily Harvest's motion to compel arbitration was granted.
On November 21, Stone Gate filed an answer to the amended complaint. Stone Gate included in its answer an “Eighteenth Affirmative Defense," asserting that
Plaintiffs' claims against Stone Gate Foods should be
dismissed or stayed as they are intertwined with the claims against Daily Harvest and thus subject to the arbitration agreement contained in Daily Harvest's Terms of Use.Stone Gate has not yet filed a motion to compel arbitration. Accordingly, it is hereby
ORDERED that, should Stone Gate wish to arbitrate the claims against it, it shall by December 16 file any motion to compel arbitration. Any opposition shall be due January 13. Any reply shall be due January 27.
IT IS FURTHER ORDERED that, if Stone Gate does not file by December 16 a motion to compel arbitration, the discovery stay in this case is lifted as it pertains to discovery between the plaintiff and Stone Gate.