Martinez-Gonzalez
Martinez-Gonzalez v. Elkhorn Packing Co., LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DARIO MARTINEZ-GONZALEZ, Case No. 18-cv-05226-EMC
Plaintiff,
ORDER GRANTING IN PART
v. DEFENDANTS’ MOTION TO STAY
PROCEEDINGS PENDING APPEAL
ELKHORN PACKING CO., LLC, et al., Docket No. 74 Defendants.
12 13 I. INTRODUCTION Plaintiff Dario Martinez-Gonzalez worked for Defendants Elkhorn Packing Co. LLC and D’Arrigo Bros. Co. as an agricultural laborer during the 2016 and 2017 lettuce seasons. In this lawsuit he alleges that the companies failed to pay him appropriately, failed to provide adequate meal or rest breaks, and breached the duty of care they owed to Plaintiff by providing food that was unsafe to eat. See First Amended Complaint, Docket No. 13. He also asserts collective claims under the Private Attorneys General Act and the Fair Labor Standards Act. Id. at ¶¶ 140– 49, 194–205. In December 2018, Defendants moved to compel arbitration. See Docket No. 24. On October 15 and 16, 2019,…