Placido Valdez v. Terminix International Company Limited Partnership
| Placido Valdez |
| Does and Terminix International Company Limited Partnership |
| 2:2014cv09748 |
| December 19, 2014 |
| US District Court for the Central District of California |
| Charles F. Eick |
| Dean D. Pregerson |
| Civil Rights: Jobs |
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Filing
24
ORDER by Judge Dean D. Pregerson: re 20 MOTION to Dismiss. The Court hereby orders the parties to engage in arbitration under the terms of the arbitration agreement, with the exception of the PAGA claim, which remains before the Court and is not stayed. The affirmative defense clause, however, is unconscionable and unenforceable and severed from the agreement. (shb)
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Filing
14
ORDER RE MOTION TO COMPEL ARBITRATION 8 by Judge Dean D. Pregerson: The Court therefore orders Plaintiff to file the correct operative complaint with this Court, either by stipulation or, if the parties are unable to agree, by motion. Any such sti pulation or motion for leave to file a first amended complaint shall be filed no later than ten days after the date of this order. Failure to file either a stipulation or a motion for leave to file a firstamended complaint within ten days may be deem ed a waiver of Plaintiffs PAGA claim or claims. Because ruling on the issues of law surrounding the PAGA claim appears to be critical to the resolution of this motion to dismiss, the Court finds that it cannot proceed with the motion until the approp riate operative complaint is filed in this federal action. The Motion to Dismiss is VACATED, but Defendant is free to bring the same or a similar motion if Plaintiff either files a first amended complaint or allows the ten day deadline to pass without filing a stipulation or motion. Nothing in this order acts as a decision on the merits of any claim or defense in this case. (lc) Modified on 2/19/2015 (lc).
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