Stacy v. Brinker International Payroll Company, L.P. et al, No. 1:2012cv00851 - Document 23 (E.D. Cal. 2012)
Court Description: ORDER Adopting FINDINGS AND RECOMMENDATIONS On Defendants' Motion To Compel Arbitration (Docs. 10 , 22 ), signed by District Judge Lawrence J. O'Neill on 11/9/2012. (Fahrney, E)
Download PDF
<![CDATA[
Stacy v. Brinker International Payroll Company, L.P. et al Doc. 23 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 STEFANI STACY, 10 Plaintiff, 11 v. 12 13 BRINKER RESTAURANT CORPORATION, et al., 14 Defendants. _____________________________________ ) ) ) ) ) ) ) ) ) ) 1: 12-cv-00851-LJO-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS ON DEFENDANTS’ MOTION TO COMPEL ARBITRATION 15 16 On October 18, 2012, the Magistrate Judge issued Findings and Recommendations that 17 Defendants’ Motion to Compel Arbitration and Stay Proceedings be granted. (Doc. 22.) The 18 Findings and Recommendations also recommended an unconscionable attorneys’ fees clause in 19 Defendants’ arbitration agreement be severed. Id. These Findings and Recommendations 20 contained notice that any objections to the Findings and Recommendations were to be filed 21 within fifteen (15) days. To date, no objections have been filed. 22 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted 23 a de novo review of the case. Having carefully reviewed the entire file, the Court finds that the 24 Findings and Recommendations are supported by the record and proper analysis. 25 26 Accordingly, IT IS HEREBY ORDERED that the Findings and Recommendations issued on October 18, 2012, are ADOPTED IN FULL. The Court orders as follows: 27 28 1 Dockets.Justia.com 1 1. 2 In the fifth sentence of the fourth paragraph of Defendants’ arbitration agreement1, the following clause will be severed: “at his or her own expense”; 3 2. The remainder of the arbitration agreement will be enforced; 4 3. Defendant’s Motion to Compel Arbitration be GRANTED; 5 4. The Court STAYS this Action pending the outcome of arbitration; 6 5. The parties, no later than March 11, 2013 and every 120 days thereafter, will file 7 joint status reports to address progress of arbitration, resolution of the parties’ 8 claims, and the need to continue stay of this action; 9 6. Upon completion of arbitration, the parties are ordered to inform this Court 10 forthwith, move to lift the stay, and file appropriate documents for the completion 11 or continuation of this case; and 12 7. The Court DENIES Defendants’ Motion to Dismiss as Moot. 13 IT IS SO ORDERED. 14 Dated: 66h44d November 9, 2012 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 See Declaration of Michael Christian, Doc. 12, Ex. A. 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
