Miller v. Plex, Inc.

I. BACKGROUND

1 Plaintiff commenced this putative class action on September 1, 2022. See Dkt. 1. 2 Defendants subsequently moved to compel arbitration. See Dkt. 12. The Court granted 3 Defendants’ request and stayed the case, pending resolution of arbitration proceedings. See Dkt. 4 32. In its order compelling arbitration, the Court found “that the arbitration agreement clearly and 5 unmistakably delegates questions of arbitrability to the arbitrator through its incorporation of the 6 JAMS Streamlined Arbitration Rules & Procedures” (the “JAMS Rules”).1 See id. at 22. 7 Pursuant to that order, Plaintiff initiated an arbitration against Plex2 through JAMS, seeking an 8 initial determination “on jurisdiction and arbitrability from an Arbitrator”; she explained that she 9 would submit a detailed demand regarding the substance of her claims only after an arbitrator 10 answered that preliminary inquiry. See Motion at 3; Dkt. 34-1, Ex. 1 at ECF Page 8. 11 Over the next few months, the Parties proceeded with the initial steps of the arbitration 12 process, including (1) the payment of filing fees by both Parties, (2) Plex’s submission of an 13 answer and counterclaim and (3)…