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Martin v. Lennar Corporation, 2:18-cv-02992-KJM-DB. (2019)

Court: District Court, E.D. California Number: infdco20190315a97 Visitors: 9
Filed: Mar. 14, 2019
Latest Update: Mar. 14, 2019
Summary: JOINT STIPULATION AND ORDER TO SUBMIT MATTER TO ARBITRATION KIMBERLY J. MUELLER , District Judge . IT IS HEREBY AGREED AND STIPULATED BY AND BETWEEN Defendants LENNAR CORPORATION and CAL-ATLANTIC GROUP (Collectively "Defendants") and Plaintiff JEFF MARTIN ("Plaintiff"), by and through their undersigned respective counsel, as follows: WHEREAS, on September 7, 2018, Plaintiff filed a Complaint against Defendants, and an amended Complaint on September 12, 2018, in the above-referenced action;
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JOINT STIPULATION AND ORDER TO SUBMIT MATTER TO ARBITRATION

IT IS HEREBY AGREED AND STIPULATED BY AND BETWEEN Defendants LENNAR CORPORATION and CAL-ATLANTIC GROUP (Collectively "Defendants") and Plaintiff JEFF MARTIN ("Plaintiff"), by and through their undersigned respective counsel, as follows:

WHEREAS, on September 7, 2018, Plaintiff filed a Complaint against Defendants, and an amended Complaint on September 12, 2018, in the above-referenced action;

WHEREAS, on February 6, 2015 Plaintiff entered into a written Sales Counselor Agreement with Standard Pacific Homes (the "2015 Agreement"). Section 15 of the 2015 Agreement contains a written agreement to submit any and all disputes arising out of Plaintiff's employment to binding arbitration;

WHEREAS, on April 25, 2016, Plaintiff entered a second written Sales Counselor Agreement with Standard Pacific Homes' successor, Defendant Cal-Atlantic Group, Inc. (the "2016 Agreement"). Section 15 of the 2016 Agreement contains the same written agreement to submit any and all disputes arising out of Plaintiff's employment to binding arbitration;

WHEREAS, pursuant to the terms of Section 15 which are found in both the 2015 and 2016 Sales Agreements executed by the Parties, the Parties hereby agree and stipulate to submit this entire matter to final and binding arbitration under the JAMS Employment Arbitration Rules and Procedures incorporated into the Agreements.

NOW, THEREFORE, THE PARTIES HEREBY STIPULATE THAT the Court order this entire matter to final and binding arbitration, in accordance with Section 15 of the Parties' Agreements and the JAMS Employment Arbitration Rules and Procedures.

THE PARTIES FURTHER STIPULATE THAT the Court should dismiss the above-entitled matter in its entirety, without prejudice, and retain jurisdiction over the matter until after resolution of arbitration in accordance with this order; and that judgment on any award rendered by the arbitrator may be entered in the above-referenced action.

IT IS HEREBY STIPULATED.

ORDER

IT IS HEREBY ORDERED that, pursuant to the Parties' stipulation to arbitrate all claims between them in this action, this matter shall be submitted in its entirety to final and binding arbitration in accordance with the terms of the Parties' written agreement to arbitrate.

IT IS FURTHER ORDERED THAT the above-entitled action is DISMISSED, without prejudice, and that the Court will retain jurisdiction over the above-entitled action until after an arbitration is had in accordance with this order.

IT IS FURTHER ORDERED THAT judgment on any award rendered by the arbitrator may be entered in the above-entitled action.

Source:  Leagle

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