Gutierrez

Gutierrez v. Carter Bros. Security Services, LLC

Good Law
63 F. Supp. 3d 1206·2014 WL 5501327·2014 U.S. Dist. LEXIS 154400
United States District Court, Eastern District of CaliforniaOctober 30, 2014No. 2:14-cv-00351-MCE-CKDCalifornia3,544 words

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…

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