Opinion
24-cv-00012-HSG
03-07-2024
JONATHAN WEAVER, Plaintiff, v. SUNRUN, INC, Defendant.
ORDER GRANTING PLAINTIFF'S MOTION TO STAY PROCEEDINGS PENDING ARBITRATION RE: DKT. NO. 20
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
Plaintiff brings claims under the Fair Labor Standards Act (“FLSA”) for unpaid overtime wages against Defendant. See generally Dkt. No. 1. The parties agree that they entered into an agreement to arbitrate Plaintiff's FLSA claims, and that the Federal Arbitration Act (“FAA”) governs the parties' arbitration agreement. See Dkt. No. 20 at 2 (“There is no dispute that Weaver's FLSA claims are referable to arbitration.”)
In accordance with Section 3 of the FAA, Plaintiff has moved for a stay pending the outcome of arbitration. See Dkt. No. 20. Defendant does not oppose Plaintiff's motion. Dkt. No. 24. Section 3 of the FAA directs that, upon such an application, the Court “shall . . . stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.” 9 U.S.C. § 3. Neither party argues that Plaintiff is in default.
Accordingly, the Court GRANTS Plaintiff's motion to stay the proceedings, Dkt. No. 20, and STAYS the case pending the outcome of arbitration.
The parties are DIRECTED to file a status report with the Court every 120 days from the date of this order explaining the progress of the arbitration proceeding, and shall notify the Court within 48 hours of the completion of arbitration.
IT IS SO ORDERED.