Ortiz

Ortiz v. Hobby Lobby Stores, Inc.

Good Law
52 F. Supp. 3d 1070·2014 WL 4961126·2014 U.S. Dist. LEXIS 140552
United States District Court, Eastern District of CaliforniaOctober 1, 2014No. 2:13-cv-01619California7,932 words

Opinion

Lead Opinion

Nunley, J.

ORDER

This matter is before the Court pursuant to Defendant Hobby Lobby Stores, Ine.’s (“Defendant”) Motion to Dismiss Plaintiffs Complaint or, in the alternative, Compel Arbitration and Stay all Proceedings. (Mot. to Dismiss, ECF No. 6.) Plaintiff Maribel Ortiz (“Plaintiff’) has filed an opposition to Defendant’s motion. (PL’s Opp’n to Def.’s Mot. to Dismiss, ECF No. 14.) The Court has carefully considered the arguments raised in Defendant’s Motion and Reply as well as Plaintiffs Opposition. For the reasons set forth below, the Court DISMISSES without prejudice Plaintiffs claims so that they may be addressed in arbitration, as required by the parties’ Mutual Arbitration Agreement (“Arbitration Agreement”).

I. BACKGROUND

Plaintiff Ortiz brings this putative class action against her previous employer Defendant Hobby Lobby Stores, Inc., on behalf of herself, all others similarly situated, and the general public. (Compl., ECF No. 1 at ¶ 1.) Plaintiff worked as a retail employee for Defendant from November 2010 to January 2013. (ECF No. 14 at 6.) Plaintiff alleges that Defendant has failed to pay her and all other similarly situated individuals for all vested vacation pay,failed to…

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