D'Arrigo Bros. Co., of California v. Doug Mellon Farms II, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

10 D'ARRIGO BROS. CO., OF CALIFORNIA, Case No.20-cv-05463-NC 11 Plaintiff, ORDER GRANTING MOTION TO COMPEL ARBITRATION v. Re: ECF

DOUG MELLON FARMS II, INC.,

14 Defendant. 15 16 On November 25, 2020, Defendant Doug Mellon Farms II, Inc. filed a Motion to Compel Arbitration. Plaintiff D’Arrigo Bros. Co. of California responded to the motion arguing that Mellon Farms waived its right to compel arbitration by failing to timely assert it. The Court finds that Mellon Farms did not waive its right to compel arbitration. Therefore, the Court GRANTS Mellon Farms’ Motion. I. BACKGROUND Beginning in 2019, D’Arrigo was involved in several New Jersey and Pennsylvania cases as a third-party defendant. ECF 19 at 2. The cases concern allegedly contaminated romaine purchased by restaurants. Id. In defending the cases, D’Arrigo incurred fees and costs. Id. at 4. On August 6, 2020, after it traced the…