Denicola v. Solarcity Finance Company, LLC, 17cv820-LAB. (2017)
Court: District Court, N.D. California
Number: infdco20171017971
Visitors: 7
Filed: Oct. 16, 2017
Latest Update: Oct. 16, 2017
Summary: ORDER STAYING ACTION LARRY ALAN BURNS , District Judge . Plaintiffs entered arbitration agreements with Solarcity that forbid them from bringing claims as a class or collective action. The Ninth Circuit, however, held those types of agreements violate the NLRA's protection of concerted activity. Morris v. Ernst & Young, LLP, 834 F.3d 975 , 979 (9th Cir. 2016). Since the Supreme Court heard oral argument in Morris last week, the Court exercises its broad discretion to stay this case. L
Summary: ORDER STAYING ACTION LARRY ALAN BURNS , District Judge . Plaintiffs entered arbitration agreements with Solarcity that forbid them from bringing claims as a class or collective action. The Ninth Circuit, however, held those types of agreements violate the NLRA's protection of concerted activity. Morris v. Ernst & Young, LLP, 834 F.3d 975 , 979 (9th Cir. 2016). Since the Supreme Court heard oral argument in Morris last week, the Court exercises its broad discretion to stay this case. Le..
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ORDER STAYING ACTION
LARRY ALAN BURNS, District Judge.
Plaintiffs entered arbitration agreements with Solarcity that forbid them from bringing claims as a class or collective action. The Ninth Circuit, however, held those types of agreements violate the NLRA's protection of concerted activity. Morris v. Ernst & Young, LLP, 834 F.3d 975, 979 (9th Cir. 2016). Since the Supreme Court heard oral argument in Morris last week, the Court exercises its broad discretion to stay this case. Leyva v. Certified Grocers, 593 F.2d 857, 863 (9th Cir. 1979). But there's no sense in delaying discovery that will help resolve this action regardless of the outcome in Morris. Accordingly, the Court denies the motion to compel arbitration [Dkt. 16] and stays this case, but will allow discovery that relates to the three named plaintiffs. After Morris is decided, the Court will lift the stay, issue an appropriate order, and decide the motion for corrective action [Dkt. 20] if necessary.
IT IS SO ORDERED.
Source: Leagle
