Franklin

Franklin v. Community Medical Centers, Inc.

Bad Law
United States District Court, Eastern District of CaliforniaOctober 9, 20191:19-cv-00709California1,299 words

Opinion

Trial Court Opinion

I. Background

25 Plaintiff filed this class and collective action on May 20, 2019, under the Fair Labor 26 Standards Act, 29 U.S.C. § 203 et seq., and various California labor code sections. (Doc. 1.) On 27 September 10, 2019, the Court held a scheduling conference in the case. (Doc. 24.) At the scheduling conference, Defendant requested that the Court delay entering a scheduling order and 2 stay the case while Defendant prepared and filed a motion to compel arbitration, which Plaintiff 3 opposed. (See id.; Doc. 21.) Defendant stated that at some unspecified time after the complaint 4 was filed, it became aware of an arbitration agreement Plaintiff purportedly signed, and requested 5 on August 16, 2019, that Plaintiff provide Defendant with a copy of the agreement. (Doc. 21 at 4.) 6 Defendant stated that Plaintiff refused to provide the agreement voluntarily, so Defendant subpoenaed the agreement from the staffing company that had possession of it. (Id.) Defendant received the agreement on September 11, 2019. (See Doc. 25.) 10 Plaintiff opposed an indeterminate stay of the case while Defendant filed a potential motion, 11 as it would…

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