Eubank v. Terminix International, Inc. et al
| Jeff Eubank |
| Terminix International, Inc. and DOES 1 through 50 |
| 3:2015cv00145 |
| January 21, 2015 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| William Q. Hayes |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 pr Diversity-Petition for Removal |
| Both |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
72
ORDER: The Motion for Settlement Approval (ECF No. 45 ) is Denied without prejudice. The Motion to Intervene (ECF No. 47 ) is Denied without prejudice. Signed by Judge William Q. Hayes on 05/15/2018. (ajs)
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Filing
39
ORDER granting 36 Motion for Reconsideration. IT IS HEREBY ORDERED that the Motion for Reconsideration (ECF No. 36) is GRANTED. The Court vacates the part of its July 22, 2015 Order (ECF No. 29) stating that Plaintiffs seventh and eighth claims ar e dismissed with prejudice to the extent they are brought in a representative capacity. (ECF No. 29 at 14). The Motion to Dismiss (ECF No. 10) is denied as to Plaintiffs seventh and eighth claims, to the extent they were brought in a representative c apacity. The Court orders the parties to submit a status report within thirty (30) days from the date of this Order as to how they intend to proceed on Plaintiffs seventh and eighth claims, to the extent they were brought in a representative capacity. The Clerk of the Court is ordered to reopen this case. Signed by Judge William Q. Hayes on 10/27/2016. (acc)
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Filing
29
ORDER: The Motion to Dismiss and Compel Arbitration (Dkt # 10 ) is granted. Plaintiff's seventh and eighth claims are dismissed with prejudice to the extent they are brought in a representative capacity. The parties are directed to proceed to a rbitration in accordance with the terms of the Plan with respect to all individual claims. This action is stayed pending the outcome of arbitration. The Clerk of the Court shall administratively close this case without prejudice to any party moving to have the case reopened for good cause. Signed by Judge William Q. Hayes on 7/22/2015. (mdc)
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Filing
19
ORDER: The Motion to Dismiss and Compel Arbitration (Doc. 10 ) is granted in part. Pursuant to 9 U.S.C. section 4, the parties are directed to proceed to arbitration in accordance with the terms of the Plan with respect to Plaintiff's first thr ough sixth and ninth claims. Pursuant to 9 U.S.C. section 3, Plaintiff's first through sixth and ninth claims are stayed in favor of arbitration. The Motion to Dismiss and Compel Arbitration (Doc. 10 ) shall remain pending with respect to Plain tiff's seventh and eighth claims. The parties shall file supplemental briefing addressing whether the Plan's representative action waiver, if interpreted to cover Plaintiff's seventh and eighth claims, falls under the "effective v indication" exception to the FAA. Defendant shall file a supplemental brief no later than 5/5/2015. Plaintiff shall file a response no later than 5/19/2015. Defendant may file a reply no later than 5/26/2015. Signed by Judge William Q. Hayes on 4/21/2015. (mdc)
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