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Rodriguez v. ServiceMaster Company, 19cv1157-LAB (WVG). (2019)

Court: District Court, N.D. California Number: infdco20190830966 Visitors: 14
Filed: Aug. 29, 2019
Latest Update: Aug. 29, 2019
Summary: ORDER DENYING JOINT MOTION TO STAY ACTION PENDING ARBITRATION [Dkt. 7]; ORDER OF DISMISSAL LARRY ALAN BURNS , Chief District Judge . The parties seek to stay this case pending arbitration of Plaintiff Christian Rodriguez's claims against Defendant ServiceMaster. The parties have stipulated that (1) Rodriguez signed ServiceMaster's " We Listen Dispute Resolution Plan," which requires him to arbitrate all claims arising from his employment with ServiceMaster, and (2) each of Rodriguez's clai
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ORDER DENYING JOINT MOTION TO STAY ACTION PENDING ARBITRATION [Dkt. 7]; ORDER OF DISMISSAL

The parties seek to stay this case pending arbitration of Plaintiff Christian Rodriguez's claims against Defendant ServiceMaster. The parties have stipulated that (1) Rodriguez signed ServiceMaster's "We Listen Dispute Resolution Plan," which requires him to arbitrate all claims arising from his employment with ServiceMaster, and (2) each of Rodriguez's claims in the current suit arises from his employment with ServiceMaster. See Dkt. 7. Because the parties agree that all the claims raised in this action are subject to arbitration, the Court elects to DISMISS THE CASE WITHOUT PREJUDICE rather than entering a stay. See Johnmohammadi v. Bloomingdale's, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014) (The court "may either stay the action or dismiss it outright [if] the court determines that all of the claims raised in the action are subject to arbitration."). The parties may reopen the case at a later date upon a showing of good cause, but the motion to stay is DENIED.

IT IS SO ORDERED.

Source:  Leagle

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