Ellis v. Matheson Trucking, Inc. ( 2021 )

1 PNEARTKAILNISA A DS. BAISLBLI, LALP-LBCE AROR (SBN 281860) 2 ROBIN K PERKINS (SBN 131252) 707 Commons Drive, Suite 201 3 Sacramento, CA 95825 Telephone: (916) 446-2000 4 Facsimile: (916) 447-6400 Email: natalia@perkinsasbill.com 5 Email: robin@perkinsasbill.com 6 Attorneys for Plaintiff Michele Ellis 7 8 JACKSON LEWIS P.C. JAMES T. JONES (SBN 167967) 9 NOLAN W. KESSLER (SBN 327178) 400 Capitol Mall, Suite 1600 10 Sacramento, California 95814 Telephone: (916) 341-0404 11 Facsimile: (916) 341-0141 Email: James.Jones@jacksonlewis.com 12 Nolan.Kessler@jacksonlewis.com 13 Attorney for Defendant MATHESON TRUCKING, INC. 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 17 18 MICHELE ELLIS, CASE NO. 2:20-CV-01481-KJM-AC 19 Plaintiff, STIPULATION TO ARBITRATE AND ORDER 20 vs. 21 MATHESON TRUCKING INC., and DOES 1- 25, inclusive; 22 Defendant. Removed: 07/22/2020 23 Complaint Filed: 05/05/2020 Trial Date: None Set 24 25 To the Honorable Court, all Parties, and Their Attorneys of Record: 26 Plaintiff Michelle Ellis (“Plaintiff”) and Defendant Matheson Trucking, Inc. 27 (“Defendant”) (collectively, “the Parties”), by and through their undersigned counsel, hereby 28 stipulate and agree as follows: 1 1. Plaintiff acknowledged receipt of and agreement to Defendant’s Mutual 2 Agreement to Arbitrate Claims (the “Arbitration Agreement”), which requires her to arbitrate all 3 claims as to Defendant that are alleged in this action. A true and correct copy of the Arbitration 4 Agreement is attached hereto as Exhibit 1. 5 2. The Parties agree to binding arbitration of this case pursuant to the Arbitration 6 Agreement. The Parties request that the Court stay this matter while retaining jurisdiction to 7 confirm or enforce any award upon petition by any party. 8 IT IS SO STIPULATED. 9 10 Dated: October 14, 2021 JACKSON LEWIS P.C. 11 By: /s/ Nolan W. Kessler 12 JAMES T. JONES NOLAN W. KESSLER 13 Attorney for Defendant 14 MATHESON TRUCKING, INC. 15 Dated: October 12, 2021 PERKINS ASBILL, APLC 16 17 By: /s/ Natalia D. Asbill-Bearor [as authorized on 10/11/21] 18 NATALIA D. ASBILL-BEAROR 19 Attorney for Plaintiff MICHELE ELLIS 20 21 * * * * * * 22 23 24 25 26 27 28 1 ORDER 2 “[A] district court may either stay the action or dismiss it outright when, as here, the court 3 || determines that all of the claims raised in the action are subject to arbitration.” Johnmohammadi 4 | v. Bloomingdale’s, Inc., 755 F.3d 1072, 1074 (9th Cir. 2014). The matter is stayed, pending the 5 || completion of arbitration. The court orders the parties to file joint status reports every 90 days, 6 || updating the court on their progress. The court also orders parties to file a joint statues report 7 || indicating whether the stay may be lifted within 14 days of completing arbitration. 8 IT IS SO ORDERED. 9 | DATED: October 14, 2021. 1] CHIEF ED STATES DISTRICT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO ARBITRATE Michele Ellis v. Matheson rucking, In