Ellis v. Matheson Trucking, Inc.

PNEARTKAILNISA A DS. BAISLBLI, LALP-LBCE AROR (SBN 281860)

ROBIN K PERKINS (SBN 131252)

707 Commons Drive, Suite 201

Sacramento, CA 95825

Telephone: (916) 446-2000

Facsimile: (916) 447-6400

Email: [email protected]

Email: [email protected]

Attorneys for Plaintiff

Michele Ellis

JACKSON LEWIS P.C.

JAMES T. JONES (SBN 167967)

NOLAN W. KESSLER (SBN 327178)

400 Capitol Mall, Suite 1600

Sacramento, California 95814

Telephone: (916) 341-0404

Facsimile: (916) 341-0141

Email: [email protected]

[email protected]

Attorney for Defendant

MATHESON TRUCKING, INC.

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

MICHELE ELLIS, CASE NO. 2:20-CV-01481-KJM-AC Plaintiff, STIPULATION TO ARBITRATE

AND ORDER vs.

MATHESON TRUCKING INC., and DOES 1-

25, inclusive;

Defendant. Removed: 07/22/2020

Complaint Filed: 05/05/2020 Trial Date: None Set

To the Honorable Court, all Parties, and Their Attorneys of Record: Plaintiff Michelle Ellis (“Plaintiff”) and Defendant Matheson Trucking, Inc. (“Defendant”) (collectively, “the Parties”), by and through their undersigned counsel, hereby stipulate and agree as follows:

1. Plaintiff acknowledged receipt of and agreement to Defendant’s Mutual Agreement to Arbitrate Claims (the “Arbitration Agreement”), which requires her to arbitrate all claims as to Defendant that are alleged in this action. A true and correct copy of the Arbitration Agreement is attached hereto as Exhibit 1.

2. The Parties agree to binding arbitration of this case pursuant to the Arbitration Agreement. The Parties request that the Court stay this matter while retaining jurisdiction to confirm or enforce any award upon petition by any party.

IT IS SO STIPULATED.

Dated: October 14, 2021 JACKSON LEWIS P.C.

By: /s/ Nolan W. Kessler

JAMES T. JONES

NOLAN W. KESSLER

Attorney for Defendant

MATHESON TRUCKING, INC.

Dated: October 12, 2021 PERKINS ASBILL, APLC

By: /s/ Natalia D. Asbill-Bearor [as authorized on 10/11/21] NATALIA D. ASBILL-BEAROR

Attorney for Plaintiff

MICHELE ELLIS

* * * * * *

ORDER “[A] district court may either stay the action or dismiss it outright when, as here, the court determines that all of the claims raised in the action are subject to arbitration.” Johnmohammadi v. Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). The matter is stayed, pending the completion of arbitration. The court orders the parties to file joint status reports every 90 days, updating the court on their progress. The court also orders parties to file a joint statues report indicating whether the stay may be lifted within 14 days of completing arbitration. IT IS SO ORDERED.

DATED: October 14, 2021.

1]

CHIEF ED STATES DISTRICT JUDGE

STIPULATION TO ARBITRATE Michele Ellis v. Matheson rucking, In