MacIas
MacIas v. Excel Building Services LLC
Opinion
Opinion
Illston, J.
ORDER DENYING EXCEL’S MOTION TO COMPEL ARBITRATION
Excel’s motion to compel arbitration is currently scheduled for hearing on February 11, 2011. Pursuant to Civil Local Rule T—1(b), the Court finds this matter appropriate for resolution without oral argument and hereby VACATES the hearing. Having considered the papers submitted, and for good cause shown, the Court hereby DENIES Excel’s motion. The Case Management Conference set for February 11, 2011 at 2:30 p.m. remains on calendar.
BACKGROUND
Susana Macias (“Macias”) began working for Excel Building Services (“Excel”) in approximately December 2004. Comp. ¶ 14, Doc. 1. She was initially employed as a janitor and later promoted to janitorial supervisor. Id. at ¶ 18. After her promotion, Macias alleges that she still performed basic janitorial duties in addition to her supervisory duties. Id. Macias claims that she was often expected to work overtime but was not paid any extra wages. Id. at ¶ 17.
In approximately May 2009, Macias became pregnant. Id. at ¶25. She was hospitalized due to pregnancy-related health issues in August 2009. Id. at ¶ 26. When Macias was released from the hospital, the doctors recommended that she take a…