Murphy v. The Finish Line, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ZACHARY MURPHY, Case No. 20-cv-05663-WHO

Plaintiff, ORDER DENYING MOTION TO

DISMISS INDIVIDUAL CLAIMS

v. WITHOUT PREJUDICE AND

REMAND PAGA CLAIM TO STATE

THE FINISH LINE, INC., COURT Defendant. Re: Dkt. No.

12 Plaintiff Zachary Murphy filed this class action against his former employer defendant The Finish Line, Inc. (“Finish Line”) in Alameda County Superior Court. Finish Line subsequently removed the action to this court. On February 19, 2021, I granted Finish Line’s motion to compel arbitration on Murphy’s individual claims and stayed his PAGA claim pending arbitration. Murphy now moves to voluntarily dismiss his individual claim without prejudice and to remand his PAGA claim to state court. Once I compelled Murphy’s individual claims to arbitration and stayed the remainder of the case, the Federal Arbitration Act (“FAA”) requires that the stay of the action remain “until …