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CHANDLER v. USF REDDAWAY INC., 2:15-cv-02350-TLN-KJN. (2016)

Court: District Court, E.D. California Number: infdco20160311911 Visitors: 5
Filed: Mar. 09, 2016
Latest Update: Mar. 09, 2016
Summary: STIPULATION AND ORDER TO STAY ACTION PENDING ARBITRATION TROY L. NUNLEY , District Judge . This stipulation is entered into by and between Plaintiffs, John Chandler, J.P. Sullivan, and Jacob Stout, on the one hand, and Defendant USF Reddaway, Inc., on the other hand, by and through their undersigned counsel of record. The parties stipulate as follows: WHEREAS, the complaint in this action was filed on or about October 7, 2015, and was served on Defendant on or about October 14, 2015. Defen
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STIPULATION AND ORDER TO STAY ACTION PENDING ARBITRATION

This stipulation is entered into by and between Plaintiffs, John Chandler, J.P. Sullivan, and Jacob Stout, on the one hand, and Defendant USF Reddaway, Inc., on the other hand, by and through their undersigned counsel of record. The parties stipulate as follows:

WHEREAS, the complaint in this action was filed on or about October 7, 2015, and was served on Defendant on or about October 14, 2015. Defendant filed its answer in Yolo County Superior Court on or about November 9, 2015, and subsequently removed the action to the United States District Court, Eastern District of California, on or about November 12, 2015;

WHEREAS, valid agreements to arbitrate exists between Plaintiffs and Defendant;

WHEREAS, the parties agree to arbitrate this matter through JAMS consistent with those agreements;

WHEREAS, the parties further agree that they will bear their own costs and attorney's fees, except that Defendant will pay for all JAMS costs and fees unique to arbitration that Plaintiffs would not be required to incur in court, after Plaintiffs pay the initial JAMS filing fee;

WHEREAS, the parties further agree that California substantive law will apply to the claims brought by Plaintiffs and any defenses raised thereto, provided that the parties' choice of California law shall not be construed to prohibit Defendants from raising any applicable federal defenses;

WHEREAS, the parties further hereby stipulate that the United States District Court, Eastern District of California, shall retain jurisdiction of this matter, that the court proceedings shall be stayed pending a completed arbitration pursuant to the binding arbitration agreement between Plaintiffs and Defendant, and that any party may file a petition with this Court to enforce the arbitrator's decision.

THEREFORE, IT IS HEREBY STIPULATED AND AGREED TO by and between the parties and/or their respective counsel(s) that:

1. The parties will arbitrate the claims pending in this action through JAMS consistent with their written agreements; 2. The parties will bear their own costs and attorney's fees, except that Defendant will pay for all JAMS costs and fees unique to arbitration that Plaintiffs would not be required to incur in court, after Plaintiffs pay the initial filing fee; 3. California substantive law will apply to the claims and defenses at issue in this action, provided that the parties' choice of California law shall not be construed to prohibit Defendants from raising any applicable federal defenses; 4. The matter shall be stayed pending arbitration between Plaintiffs and Defendant; and 5. The United States District Court, Eastern District of California, shall retain jurisdiction of this matter.

IT IS SO ORDERED.

Source:  Leagle

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