UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 KELLY GORDON RUSSELL, Case No. 23-cv-03884-LJC
Plaintiff,
ORDER DENYING MOTION TO
v. VACATE STAY AND WITHDRAW
FROM ARBITRATION
SIEMENS INDUSTRY SOFTWARE INC., Re: Dkt. No. 26 Defendant.
I. INTRODUCTION The parties to this employment dispute previously stipulated to stay the case and proceed in arbitration before JAMS based on an arbitration agreement that Plaintiff Kelly Gordon Russell entered with a predecessor-in-interest to Defendant Siemens Industry Software Inc. (Siemens) in 2008. Russell now moves to vacate that stay and resume litigation in this Court under section 1281.98 of the California Code of Civil Procedure. This provision provides that a party that drafted an arbitration agreement materially breaches the agreement and defaults in arbitration if that party fails to pay arbitrators’ fees on a timely basis. Cal. Civ. Proc. Code § 1281.98. The parties dispute the application of that law to the facts of this case, whether…