Zwicker v. Food Management Partners, Inc. et al

Northern District of California, cand-4:2015-cv-01979

ORDER REQUIRING JOINT STATEMENT re {{8}} MOTION to Dismiss or Stay All Proceedings filed by Catalina Restaurant Group, Inc., Food Management Partners, Inc. Joint Statement filed by 7/15/2015. Signed by Judge Yvonne Gonzalez Rogers on 7/10/15.

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 NORTHERN DISTRICT OF CALIFORNIA 8 REBECCA ZWICKER, 9 Case No. 15-cv-01979-YGR Plaintiff, 10 v. ORDER REQUIRING JOINT STATEMENT 11 FOOD MANAGEMENT PARTNERS, INC., ET Re: Dkt. No. 8 12 AL., Northern District of California United States District Court 13 Defendants. 14 On June 5, 2015, defendants filed a motion to dismiss or stay proceedings based on a first- 15 filed action they argue is "completely duplicative" of the instant case. (Dkt. No. 8 at 1.) In 16 response thereto, plaintiff noted that after she filed this lawsuit, defendant Catalina Restaurant 17 Group, Inc. provided her with a signed copy of an arbitration agreement between her and the 18 company. (Dkt. No. 14 at 2.) In light of her receipt of this agreement, she stated her present 19 intention to "pursue her claims in arbitration." (Id.) Thus, plaintiff does not oppose defendants' 20 motion to stay this case, and in fact independently requested imposition of a stay "pending 21 Plaintiff's request to arbitrate the matter pursuant to her arbitration agreement." (Id.) Defendants 22 did not file a reply brief by the deadline. However, on June 22, 2015, after the case was 23 reassigned, defendants re-noticed the motion to be heard by the undersigned.1 In light of these 24 circumstances, the Court hereby ORDERS the parties to file a joint statement by July 15, 2015, 25 advising the Court as to the status of the potential arbitration and, to the extent they agree, 26 1 27 The Court notes that defendants improperly re-noticed the motion for a date listed as unavailable on the Court's calendar. Therefore, if the parties do not reach a stipulation disposing 28 of the pending motion, defendants shall re-notice it for an available date. 1 stipulating to a stay or other resolution of the pending motion. 2 IT IS SO ORDERED. 3 Dated: July 10, 2015 4 ______________________________________ YVONNE GONZALEZ ROGERS 5 UNITED STATES DISTRICT COURT JUDGE 6 7 8 9 10 11 12 Northern District of California United States District Court 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2