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12-4057 - Pacheco et al v. PCM Construction Services, LLC et al

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12-4057 - Pacheco et al v. PCM Construction Services, LLC et al
January 15, 2014
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Memorandum Opinion and Order: The court grants in part and denies in part Defendants' 40 Motion to Compel Arbitration&Stay Lawsuit Pending Arbitration. Specifically, the court grants Defendants' Motion to Compel Arbitration but denies Defendants' request to "Stay Lawsuit Pending Arbitration." Accordingly, if Plaintiffs wish to pursue their FLSA claims or any claims against Defendants, they must do so in arbitration. The court orders Plaintiffs to arbitrate their claims against Defendants in accordance with the arbitration provision included in their employment agreement. Likewise, Defendants are ordered to arbitrate any counterclaim they may have against Plaintiffs in accordance with the arbitration provision. Further, the court denies as moot Defendants' Second FRCvP 12(b)(6) 24 Motion to Dismiss; denies as moot Plaintiffs' 26 Motion for Conditional Certification and Class Notice Pursuant to 29 U.S.C. [ยง] 216(b); denies as moot Defendants' Third FRCvP 12(b)(6) 49 Motion to Dismiss; and dismisses with prejudice this action. (Ordered by Judge Sam A Lindsay on 1/15/2014) (twd)