STIPULATION AND ORDER TO SUBMIT MATTER TO BINDING ARBITRATION AND TO STAY COURT ACTION PENDING ARBITRATION

JOHN A. MENDEZ, District Judge.

STIPULATION

WHEREAS, on November 13, 2018, Plaintiffs Bolivar Gaitan, Liliana Aguilar, Cesar Saldana, Brian Wheeler, Manuel Chavez, Bryan McElroy, Jeff Camacho, Mark Quinn, Jerry Garcia, and James Power ("Plaintiffs") filed this action in the Superior Court of California for the County of San Joaquin against Defendant J.R. Simplot Company ("Defendant" or "Simplot") alleging causes of action for: (1) fraud; (2) declaratory relief for rescission of settlement agreements; (3) unpaid overtime violations of California Labor Code Sections 510 and 1198; (4) unpaid meal period premiums in violation of Labor Code Sections 226.7 and 512(a); (5) unpaid rest period premiums in violation of Labor Code Section 226.7; (6) unpaid minimum wages in violation of Labor Code Sections 1194, 1197, and 1197.1; (7) wages not timely paid during employment in violation of Labor Code Section 204; (8) non-compliant wage statements in violation of Labor Code Section 226(a); (9) failure to keep requisite payroll records in violation of Labor Code Section 1174(d); (10) unreimbursed business expenses in violation of Labor Code Sections 2800 and 2802; and (11) unlawful business practices in violation of California Business & Professions Code Section 17200, et seq. (the "Action").

WHEREAS, on November 21, 2018, Defendant removed this Action to this Court.

WHEREAS, the parties have agreed to submit the Action to binding and final arbitration before a single arbitrator at JAMS pursuant to the JAMS Employment Rules and Procedures;

WHEREAS, the parties have agreed that this Court shall retain jurisdiction of this matter to enforce any arbitration award;

NOW, THEREFORE, Plaintiffs and Defendant, by and through their respective counsel, hereby stipulate and agree as follows:

1. The Action shall be submitted to binding arbitration before a single arbitrator with JAMS and pursuant to the JAMS Employment Rules and Procedures;

2. Defendant will pay all costs unique to the arbitration.

3. The Action shall be stayed pending arbitration, and all dates currently on calendar shall be vacated.

IT IS SO STIPULATED.

ORDER

For GOOD CAUSE showing, it is hereby ORDERED that this matter be referred to binding arbitration before JAMS and pursuant to the JAMS Employment Rules and Procedures;

It is FURTHER ORDERED that the Action shall be stayed pending arbitration, and all dates currently on calendar shall be vacated. The Court shall retain jurisdiction of this matter to enforce any arbitration award.

SO ORDERED.