Miles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 FRANK MILES, No. 2:18-cv-02860-TLN-AC Plaintiff, v. ORDER BRUSCO TUG & BARGE, INC. and

RONALD BRUSCO, JR.,

15 Defendants.

17 This matter is before the Court on Defendant Brusco Tug & Barge, Inc.’s (“Defendant”) Motion to Compel Arbitration. (ECF No. 16.) Plaintiff Frank Miles (“Plaintiff”) filed an opposition. (ECF No. 17.) Defendant filed a reply. (ECF No. 20.) For the reasons set forth below, the Court DENIES Defendant’s motion. /// /// /// /// /// /// /// I. FACTUAL AND PROCEDURAL BACKGROUND Plaintiff initiated this action in Sacramento County Superior Court on September 14, 2018. (ECF No. 1 at 11.) Plaintiff alleges he was employed by Defendant and asserts a number of wage and hour violations. (See id. at 11–21.) Defendant removed the action to this Court on October 26, 2018, on the basis of diversity jurisdiction (ECF No. 1 at 2), and on March 9, 2020, filed the instant motion to…