Pitman v. Macy's West Stores, Inc. et al, No. 1:2020cv01259 - Document 27 (E.D. Cal. 2021)

Court Description: ORDER ADOPTING 24 Findings and Recommendations as Modified signed by District Judge Dale A. Drozd on 08/06/2021. Fourteen-Day Deadline. (Flores, E)

Download PDF
Pitman v. Macy's West Stores, Inc. et al Doc. 27 Case 1:20-cv-01259-NONE-BAM Document 27 Filed 08/10/21 Page 1 of 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 BRIAN PITMAN, individually, and on behalf of all employees similarly situated., Plaintiff, 13 14 15 16 17 v. No.: 1:20-cv-01259-NONE-BAM ORDER ADOPTING FINDINGS AND RECOMMENDATIONS AS MODIFIED (Doc. No. 24) MACY’S WEST STORES, INC., an Ohio Corporation; MACY’S INC., an unknown entity, and DOES 1 through 100, inclusive, Defendants. 18 Before the court for decision are two motions: (1) a motion to compel arbitration filed by 19 defendants Macy’s West Stores, Inc. and Macy’s Inc. (Doc. No. 13); and (2) plaintiff’s motion to 20 amend the notice of removal (Doc. No. 17). Both motions were referred to the assigned 21 magistrate judge for the issuance of findings and recommendations in accordance with 28 U.S.C. 22 § 636(b)(1)(B) and (C). (Doc. No. 21.) 23 On July 1, 2021, the magistrate judge issued findings and recommendations 24 recommending that defendants’ motion to compel arbitration be granted and plaintiff’s motion to 25 amend the notice of removal be denied as moot. (Doc. No. 24.) The magistrate judge also 26 recommend ordering defendant to pay the arbitration fees within fourteen (14) days of the date of 27 this order adopting. (Id.) Those findings and recommendations were served on the parties and 28 contained notice that any objections thereto were to be filed within fourteen (14) days after 1 Dockets.Justia.com Case 1:20-cv-01259-NONE-BAM Document 27 Filed 08/10/21 Page 2 of 3 1 service. (Id.) On July 15, 2021, defendants filed narrow objections to the timing of their payment 2 of the arbitration fees (Doc. No. 25); no other responses were filed. 3 In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(c), this court has conducted a 4 de novo review of the case. Having carefully reviewed the entire file, including defendant’s 5 objections, the court finds that the findings and recommendations are supported by the record and 6 proper analysis with the exception of the timing of the payment of the arbitration fees by 7 defendants. Defendants point out in their objections that they will have no obligation to pay fees 8 to the American Arbitration Association (“AAA”) unless and until plaintiff files a request for 9 arbitration and the AAA sends defendants and invoice for the fees. This warrants a minor 10 technical change to the form of this order as reflected below. 11 Accordingly, 12 1. The findings and recommendations issued on July 1, 2021 (Doc. No. 24) are 13 adopted in full with the exception of the modified directions provided in paragraphs 6 through 8 14 below; 15 2. Defendants’ motion to compel arbitration (Doc. No. 13) is GRANTED; 16 3. Plaintiff’s motion to amend the notice of removal (Doc. No. 17) is DENIED as 18 4. Plaintiff’s request for the award of sanctions (Doc. No. 14 at 12) is DENIED; 19 5. Defendants’ request that this matter be dismissed (Doc. No. 13-1 at 18) is 17 20 21 22 23 moot; GRANTED; 6. Within fourteen (14) days of the date of this order, plaintiff shall file a demand for arbitration or notify the court why he has not done so; 7. Defendants are ordered to pay the required arbitration fees within fourteen (14) 24 days of receipt of an invoice regarding the fees due. Proof that the filing fee has been paid shall 25 be filed within fourteen (14) days of payment; 26 8. If the above-mentioned invoice is not received by defendants within sixty (60) 27 days of the date of this order, the parties shall, within three additional business days, file a joint 28 status report providing a brief update on the status of the arbitration; and 2 Case 1:20-cv-01259-NONE-BAM Document 27 Filed 08/10/21 Page 3 of 3 1 9. The court will retain jurisdiction over this matter until defendants submit proof that 2 the arbitration filing fee has been paid. 3 IT IS SO ORDERED. 4 5 Dated: August 6, 2021 UNITED STATES DISTRICT JUDGE 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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.