Nelson v. Service Corp. International CA4/1

FACTS AND PROCEDURAL HISTORY

In May 2004, Nelson began working at Greenwood Memorial Park in San Diego

County. As part of her employment, Nelson signed a document entitled "Principles of

The record is unclear what entity actually employed Nelson. Nelson alleged that she was an employee of "Respondents" but later stated Service Corporation International (SCI) was her employer. Respondents contend California Cemetery and Funeral Services, LLC (CCFS) was Nelson's employer. The identity of the actual employer does not impact our analysis here. 2 Employment and Arbitration Procedures" (the Agreement). The Agreement required the

parties to submit to arbitration any dispute regarding Nelson's employment. Further, the

Agreement provided that any claim must be brought "within one year of the date the

claiming party knew or should have known of the facts giving rise to the claim.

Otherwise the claim shall be deemed waived . . . ."

Nelson's employment with the company ended in December 2004.

On January 15, 2008, a purported class action lawsuit entitled Stickle v. Service

Corporation International, case No. 08-cv-PHX-MHM/JWS (Stickle) was filed in the

United…