Gutierrez
Gutierrez v. Carter Bros. Security Services, LLC
Opinion
Lead Opinion
England, J.
MEMORANDUM AND ORDER
On March 10, 2014, Plaintiffs filed the instant class action on behalf of themselves and other putative class members (collectively “Plaintiffs” or “Class Members”) against Carter Brothers Security Services, LLC (“Carter Brothers”), AT & T Digital Life, Inc. (“AT & T”), Pacific Bell Telephone Company dba AT & T Datacomm, Inc. (“PacBell”), AT & T Corp., and Does 1 through 10 inclusive (“Doe Defendants”). See ECF No. 8. Plaintiffs are seeking damages, restitution, civil penalties, and injunctive relief as a result of Defendants’ alleged violations of both state and federal labor laws. Plaintiffs further allege causes of action for conversion and violations of California’s Unfair Competition Law. Id. Presently before the court are two motions brought by Defendant Carter Brothers. The first seeks an order compelling arbitration and dismissing, or alternatively staying the action, and the second seeks to dismiss the complaint or, in the alternative, to transfer the proceedings to Georgia. See ECF Nos. 38, 34. For the following reasons, both motions are DENIED.
BACKGROUND
In 2012, Carter Brothers entered into a contract with AT & T that called for Carter…