EDWARD M. CHEN, District Judge.
By and through their respective counsel of record, Plaintiff Kaitlyn Shepardson ("Plaintiff') and Defendant ADECCO USA INC, ("Defendant") hereby STIPULATE, and the COURT HEREBY ORDERS, ADJUDGES AND DECREES as follows:
WHEREAS, Plaintiff filed this proposed class action on or about August 18, 2015;
WHEREAS, Defendant removed the action to this Court and filed a Motion to Compel single plaintiff arbitration pursuant to the Arbitration Agreement between the parties;
WHEREAS, the Court granted Defendant's Motion to Compel single plaintiff arbitration pursuant to the arbitration agreement, which contains a ban on class actions;
WHEREAS, Plaintiff simultaneously challenged the enforceability of the Arbitration Agreement and its ban on class actions as a violation of federal law with the National Labor Relations Board;
WHEREAS, after the Court ruled on the Motion to Compel in this case, the Ninth Circuit Court of Appeal in Morris v. Ernst Young held that bans on class actions in arbitration agreements violate the National Labor Relations Act;
WHEREAS the decision in Morris v. Ernst Young conflicts with existing decisions from other Circuit Courts of Appeal;
WHEREAS, the United States Supreme Court has granted review of the Morris v. Ernst Young decision to resolve the enforceability of class actions bans in arbitration agreements given the National Labor Relations Act;
WHEREAS, on January 19, 2017, the Court ordered this case stayed pending the Supreme Court decision in Morris v. Ernst Young (DKT. 29);
WHEREAS, the United States Supreme Court rescheduled the June 2017 oral argument in this matter and has now placed the Morris v. Ernst Young case on its fall calendar;
WHEREAS, the parties have met and conferred and agree that a continued stay of the proceedings pending resolution of Morris v. Ernst Young is warranted;
NOW THEREFORE, Plaintiff and Defendant do hereby stipulate that the stay of the proceedings shall remain in effect pending the resolution of Morris v. Ernst Young, with the Court to set a Further Case Management Conference in October 2017 to discuss how to proceed.
Based on the foregoing Stipulation and good cause appearing, IT IS HEREBY ORDERED AS FOLLOWS:
The Case Management Conference set for July 6, 2017 shall be continued to
IT IS SO ORDERED AS MODIFIED.