STIPULATION TO BINDING ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION; ORDER THEREON

MORRISON C. ENGLAND, JR., District Judge.

WHEREAS, on October 29, 2019 Plaintiff Mary Smith ("Plaintiff") commenced the instant lawsuit in the Superior Court of the State of California, County of Butte, against Defendant United Healthcare Services, Inc. ("Defendant") entitled Mary Smith v. United Healthcare Services, Inc., Case No. 19CV03254, in which Plaintiff alleges (1) disability discrimination in violation of the Fair Employment and Housing Act ("FEHA"); (2) failure to accommodate in violation of the FEHA; (3) failure to engage in the interactive process in violation of the FEHA; (4) retaliation in violation of the FEHA; (5) failure to prevent in violation of the FEHA; (6) interference with California Family Rights Act ("CFRA") rights; (7) retaliation in violation of the CFRA; (8) interference with Family and Medical Leave Act ("FMLA") rights; (9) retaliation in violation of the FMLA; (10) wrongful termination in violation of public policy; (11) declaratory relief; and (12) injunctive relief ("the Action");

WHEREAS, On November 7, 2019 Plaintiff served Defendant with this lawsuit;

WHEREAS, on December 6, 2019, Defendant timely removed the Action to this Court on the basis of diversity and federal question jurisdiction pursuant to 28 U.S.C. §§ 1331, 1332, and 1441;

WHEREAS, on January 23, 2020, Defendant filed a motion to compel arbitration of all of Plaintiff's claims;

WHEREAS, Plaintiff and Defendant (collectively, "the Parties") have now agreed to arbitrate Plaintiff's claims pursuant to the UnitedHealth Group Employment Arbitration Policy ("Arbitration Agreement") signed by Plaintiff and attached hereto as Exhibit A;

WHEREFORE, the Parties and their attorneys of record stipulate and jointly move as follows:

1. The Action shall be submitted to binding arbitration with the American Arbitration Association pursuant to the terms and conditions set forth in the Arbitration Agreement.

2. Plaintiff reserves the right to challenge the enforceability of the Arbitration Agreement before the American Arbitration Association pursuant to the terms and conditions set forth in the Arbitration Agreement.

3. The Parties request that the Court stay this action pending completion of arbitration proceedings.

IT IS SO ORDERED.