Filed: May 19, 2016
Latest Update: May 19, 2016
Summary: STIPULATION AND ORDER SUBMITTING PLAINTIFF'S INDIVIDUAL CLAIMS TO ARBITRATION AND STAYING PAGA. CLAIMS KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto, namely, Plaintiff Sabrina Smith ("Plaintiff") and Defendant H.F.D. No. 55, Inc. ("Defendant") that: 1. Plaintiff will submit to arbitration on the following individual claims: a. First cause of action, for disability discrimination under the Fair Employment and Housing Act ("FEHA"); b. Seco
Summary: STIPULATION AND ORDER SUBMITTING PLAINTIFF'S INDIVIDUAL CLAIMS TO ARBITRATION AND STAYING PAGA. CLAIMS KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between the parties hereto, namely, Plaintiff Sabrina Smith ("Plaintiff") and Defendant H.F.D. No. 55, Inc. ("Defendant") that: 1. Plaintiff will submit to arbitration on the following individual claims: a. First cause of action, for disability discrimination under the Fair Employment and Housing Act ("FEHA"); b. Secon..
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STIPULATION AND ORDER SUBMITTING PLAINTIFF'S INDIVIDUAL CLAIMS TO ARBITRATION AND STAYING PAGA. CLAIMS
KIMBERLY J. MUELLER, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto, namely, Plaintiff Sabrina Smith ("Plaintiff") and Defendant H.F.D. No. 55, Inc. ("Defendant") that:
1. Plaintiff will submit to arbitration on the following individual claims:
a. First cause of action, for disability discrimination under the Fair Employment and Housing Act ("FEHA");
b. Second cause of action, for failure to accommodate under FEHA;
c. Third cause of action, for failure to engage in the interactive process under FEHA;
d. Fourth cause of action, for retaliation under FEHA;
e. Fifth cause of action, for failure to prevent discrimination and retaliation under FEHA;
f. Sixth cause of action, for failure to provide rest breaks;
g. Seventh cause of action, for failure to provide meal breaks;
h. Tenth cause of action, for failure to provide wage statement records upon request;
i. Twelfth cause of action, for failure to provide personnel file upon request; and
j. Thirteenth cause of action, for retaliation under Labor Code § 98.6.
2. That the following claims shall be dismissed with prejudice for purposes of streamlining the arbitration:
a. Ninth cause of action, for failure to timely pay wages;
b. Tenth cause of action, for failure to pay wages upon termination; and
c. Fourteenth cause of action, for unfair business practices.
3. That Plaintiff's single Labor Code Private Attorneys General Act of 2004 ("PAGA") cause of action, namely, the Eighth cause of action for civil penalties, attorneys' fees, and costs under PAGA for failure to furnish accurate wage statements, shall be stayed until completion of the arbitration.
ORDER
Upon review of the foregoing stipulation entered into by and between the parties in the above-referenced action, and good cause appearing therefore,
IT IS HEREBY ORDERED that the foregoing stipulation is APPROVED. Accordingly, the case is STAYED pending arbitration, and all previously set deadlines and hearings are VACATED. The parties shall notify the court within seven (7) days of the arbitration completion.
