Nair v. Medline Industries, Inc. ( 2022 )

1 Steven A. Groode, Bar No. 210500 sgroode@littler.com 2 Jannine E. Kranz, Bar No. 272389 jkranz@littler.com 3 LITTLER MENDELSON, P.C. 2049 Century Park East 4 5th Floor Los Angeles, California 90067.3107 5 Telephone: 310.553.0308 Fax No.: 310.553.5583 6 Attorneys for Defendants 7 MEDLINE INDUSTRIES LP (formerly known as “MEDLINE INDUSTRIES, INC.”) AND MEDLINE 8 INDUSTRIES HOLDINGS, L.P. 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 DEJA NAIR, on behalf of herself and all other Case No. 2:22−CV−00331−TLN-JDP similarly situated, and as an "aggrieved 13 employee" on behalf of other "aggrieved JOINT STIPULATION TO LIFT STAY employees" under the Labor Code Practice FOR PURPOSES OF DEFENDANTS’ 14 Attorneys General Act of 2004, MOTION TO COMPEL ARBITRATION AND ORDER 15 Plaintiff, 16 v. 17 MEDLINE INDUSTRIES, INC., an Illinois corporation; MEDLINE INDUSTRIES 18 HOLDINGS, L. P., a Delaware limited partnership; MEDLINE INDUSTRIES, LP, an 19 Illinois limited partnership; and DOES 1-50, inclusive, 20 Defendants. 21 22 23 24 25 26 27 28 JOINT STIPULATION 1 JOINT STIPULATION 2 Plaintiff Deja Nair (“Plaintiff”) and Defendants Medline Industries, LP (formerly known as 3 “Medline Industries, Inc.”) and Medline Industries Holdings, L.P. (collectively, “Defendants” or 4 “Medline” ) (collectively the “Parties”), by and through their respective counsel of record hereby 5 stipulate and agree as follows: 6 7 WHEREAS, Plaintiff and Medline are parties to an arbitration agreement. 8 WHEREAS, Plaintiff’s operative First Amended Complaint contains a cause of action for 9 civil penalties under the California’s Private Attorneys General Act (“PAGA”). 10 WHEREAS the Parties stipulated to a stay pending the U.S. Supreme Court’s decision in 11 Moriana v. Viking River Cruises, Inc., No. B297327, 2020 WL 5584508 (Cal. Ct. App. Sept. 18, 12 2020), review denied (Dec. 9, 2020), cert. granted, No. 20-1573, 2021 WL 5911481 (U.S. Dec. 15, 13 2021) (Supreme Court Case No. 20-1573) (“Viking River”), to decide whether the Federal Arbitration 14 15 Act requires enforcement of a bilateral arbitration agreement providing that an employee cannot raise 16 representative claims, including under the PAGA – in other words, challenging the holding of the 17 California Supreme Court in Iskanian v. CLS Transportation Los Angeles, LLC, 59 Cal. 4th 348 (2014) 18 (“Iskanian”). The Court agreed to the stay. 19 WHEREAS, on June 15, 2022, the Supreme Court decided Viking River. 20 WHEREAS, notwithstanding the decision in Viking River, Plaintiff maintains that the 21 arbitration agreement is not enforceable. 22 23 WHEREAS, Medline intends to move to compel arbitration of the Plaintiff’s claims on or 24 before August 8, 2022. The Parties stipulate that the stay should be lifted for this purpose. 25 26 27 28 JOINT STIPULATION 1 WHEREFORE, it is agreed and stipulated by the Parties that: 2 1. The stay be lifted for the limited purpose of Defendants’ motion to compel arbitration 3 and related briefing and discovery; 4 2. Defendants shall file their motion to compel arbitration on or before August 8, 2022. 5 IT IS SO STIPULATED. 6 7 Dated: July 15, 2022 Respectfully submitted, 8 9 LITTLER MENDELSON, P.C. 10 /s/ STEVEN A.GROODE 11 Steven A. Groode Jannine E. Kranz 12 Attorneys for Defendants MEDLINE INDUSTRIES LP (formerly known 13 as “MEDLINE INDUSTRIES, INC.”) AND MEDLINE INDUSTRIES HOLDINGS, L.P. 14 Dated: July 15, 2022 15 /s/ DAVID G. SPIVAK 16 David G. Spivak Christina J. Prejean 17 THE SPIVAK LAW FIRM Attorneys for Plaintiff 18 DEJA NAIR 19 20 Dated: July 15, 2022 21 /s/ WALTER L. HAINES Walter L. Haines 22 UNITED EMPLOYEES LAW GROUP Attorneys for Plaintiff 23 DEJA NAIR 24 25 26 27 28 JOINT STIPULATION 1 ORDER 2 Pursuant to the Parties’ stipulation and good cause appearing, the Joint Stipulation to Stay Action is GRANTED: ‘ 1. The stay be lifted for the limited purpose of Defendants’ motion to compel arbitration and related briefing and discovery; 7 2. Defendants shall file their motion to compel arbitration on or before August 8, 2022. yy / 9 | Dated: July 15, 2022 “ \ | ff Lo 10 KE Troy L. Nunley . United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | JOINT STIPULATION DEFENDANTS’ MOTION To OF 3. CASE NO. 2:22-CV—-00331-TLN-JDP CA 90067.3107 CYUNNADOCT ADDITND aA TIMN\T