1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ADRIANA MONTES, on behalf of herself ) Case No.: 1:24-cv-1485 JLT SAB and others similarly situated, ) 12 ) ORDER ADOPTING IN FULL THE FINDINGS Plaintiff, ) AND RECOMMENDATIONS, GRANTING 13 ) DEFENDANT’S MOTION TO COMPEL v. ) ARBITRATION, DISMISSING WITHOUT 14 ) PREJUDICE THE CLAIMS OF THE PUTATIVE CAPSTONE LOGISTICS, LLC; WINCO ) CLASS, AND STAYING PLAINTIFF’S 15 FOODS, LLC; and DOES 1 to 50, ) INDIVIDUAL AND PAGA CLAIMS ) 16 Defendants. ) (Docs. 21, 34) ) 17

18 Adriana Montes asserts she suffered violations of California’s wage and hour laws as an 19 employee of Capstone Logistics and WinCo Foods. Plaintiff initiated this class on behalf of herself and 20 a class of individuals similarly situated, also seeking to proceed with a claim under the state’s Private 21 Attorneys General Act. (See generally Doc. 11.) Capstone moves to compel Plaintiff to pursue her 22 individual claims in arbitration, dismiss Plaintiff’s putative class claims, and stay the representative 23 PAGA claims. (Doc. 21.) WinCo joins in the motion. (Doc. 22.) 24 The magistrate judge found a valid arbitration agreement exists between the parties, which is 25 governed by the Federal Arbitration Act. (Doc. 34 at 9-17.) The magistrate judge determined the 26 arbitration agreement includes provisions that delegate arbitrability to the arbitrator and a waiver of the 27 right to proceed with a class action, both of which were unchallenged. (Id. at 17-20.) The magistrate 28 judge recommended that the Court grant the motion to compel Plaintiff’s individual claims to 1 || arbitration, dismiss the class claims without prejudice; and stay the action as to Plaintiffs individual 2 claims and representative PAGA claims, pending arbitration. (Ud. at 21.) 3 The Court served the Findings and Recommendations on the parties and notified them that an 4 || objections were due within 14 days. (Doc. 34 at 21.) The Court advised the parties that the “failure t 5 || file objections within the specified time may result in the waiver of rights on appeal.” (/d., citing 6 || Wilkerson v. Wheeler,

(9th Cir. 2014).) Neither party filed objections, and the 7 || time to do so has passed. 8 According to

(b)(1), this Court performed a de novo review of this case. Havi 9 || carefully reviewed the matter, the Court concludes the Findings and Recommendations are supported 10 || by the record and proper analysis. Thus, the Court ORDERS: 11 1. The Findings and Recommendations dated September 2, 2025 (Doc. 34) are 12 ADOPTED in full. 13 2. Defendant’s motion to compel arbitration (Doc. 21) is GRANTED, and Plaintiff’s 14 individual claims SHALL be arbitrated pursuant to the agreement. 15 3. The claims of the putative class are DISMISSED without prejudice. 16 4. Plaintiff's individual claims and representative PAGA claim are STAYED pending 17 arbitration. 18 5. Within 120 days, and every 120 days thereafter, counsel SHALL file a joint status 19 report regarding the status of arbitration. In addition, within 10 days of a determinatio 20 by the arbitrator, counsel SHALL file a joint status report. 21 22 IT IS SO ORDERED. 23 |! Dated: _ September 29, 2025 ( LAW ph L. wan 24 TED STATES DISTRICT JUDGE 25 26 27 28