Preview
1 POTTER HANDY LLP
Mark D. Potter, Bar No. 166317
2 James M. Treglio, Bar No. 228077
100 Pine Street, Suite 1450
3 San Francisco, CA 94111
Tel: 858.375.7385 4/14/2022
4 Fax: 888.422.5191
mark@potterhandy.com
5 jimt@potterhandy.com
6 Attorneys for Plaintiff
PATRICIA ELLIS
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MORGAN, LEWIS & BOCKIUS LLP
8 Daryl S. Landy, Bar No. 136288
600 Anton Boulevard, Suite 1800
9 Costa Mesa, CA 92626-7653
Tel: +1.714.830.0600
10 Fax: +1.714.830.0700
daryl.landy@morganlewis.com
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MORGAN, LEWIS & BOCKIUS LLP
12 Kimberli Williams, Bar No. 318741
300 South Grand Avenue, 22nd Floor
13 Los Angeles, CA 90071-3132
Tel: +1.213.612.2500
14 Fax: +1.213.612.2501
kimberli.williams@morganlewis.com
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Attorneys for Defendant
16 CITIBANK, N.A.
17
18 SUPERIOR COURT OF THE STATE OF CALIFORNIA
19 COUNTY OF SAN MATEO
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21 PATRICIA ELLIS, individually and on behalf Case No. 22-CIV-00430
of all others similarly situated,
22 STIPULATION TO DISMISS OR STAY
Plaintiff, NON-PAGA INDIVIDUAL CLAIMS
23 FOR SUBMISSION TO
vs. ARBITRATION, TO DISMISS CLASS
24 ALLEGATIONS, AND TO STAY PAGA
CITIBANK, N.A., and DOES 1 to 100, CLAIM
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Defendant.
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27 Complaint Filed: Feb. 4, 2022
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
COSTA MESA
STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS
ALLEGATIONS, AND STAY PAGA CLAIM
1 Plaintiff Patricia Ellis (“Plaintiff”) and Defendant Citibank, N.A. (“Citi”) (collectively, the
2 “Parties”), by and through their undersigned counsel, respectfully request that the Court dismiss
3 without prejudice or stay Plaintiff’s non-PAGA individual claims for Plaintiff to submit them to
4 binding individual arbitration, dismiss the Complaint’s class allegations without prejudice, and
5 temporarily stay Plaintiff’s PAGA cause of action pending the United States Supreme Court
6 issuing its opinion in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 734 (cert. granted
7 December 15, 2021). In support of their Stipulation, the Parties state as follows:
8 WHEREAS, Plaintiff while employed with Citi entered into a binding arbitration
9 agreement with Citi requiring individual arbitration of claims relating to her employment and
10 waiving the right to assert class, collective or representative claims;
11 WHEREAS, on February 4, 2022, Plaintiff filed this action against Citi, asserting various
12 employment-related claims as a purported class action and a representative cause of action under
13 the California Labor Code Private Attorneys General Act of 2004 (“PAGA”);
14 WHEREAS, in light of the class action waiver in Plaintiff’s arbitration agreement and to
15 avoid a motion to compel arbitration, the Parties agree that the Court shall dismiss without
16 prejudice or stay Plaintiff’s non-PAGA individual claims for Plaintiff to submit them to
17 arbitration on an individual, non-class basis as agreed in her arbitration agreement with Citi, and
18 the Court shall dismiss without prejudice Plaintiff’s class allegations in the Complaint;
19 WHEREAS, on December 15, 2021, the United States Supreme Court granted the petition
20 for a writ of certiorari in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573 to determine
21 whether the Federal Arbitration Act requires enforcement of bilateral arbitration agreements
22 providing that an employee cannot raise representative claims, including under PAGA;
23 WHEREAS, the Parties have met and conferred and agreed to a temporary stay of this
24 action as to Plaintiff’s PAGA cause of action pending the decision in Viking River Cruises; and
25 WHEREAS, because the Supreme Court’s opinion in Viking River Cruises will determine
26 whether the representative action waiver in Plaintiff’s arbitration agreement is enforceable and
27 whether Plaintiff’s PAGA cause of action may proceed in this Court, the Parties have agreed that
28 to maximize the efficient use of the Court and Parties’ time and resources, to stay the remaining
MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
COSTA MESA
STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS
ALLEGATIONS, AND STAY PAGA CLAIM
1 PAGA cause of action until the Supreme Court issues its opinion.
2 THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS:
3 1. That Plaintiff’s non-PAGA individual causes of action be dismissed without
4 prejudice or stayed (whichever the Court prefers) for Plaintiff to submit those non-PAGA
5 individual claims to individual arbitration in accordance with her arbitration agreement with Citi;
6 2. That Plaintiff’s class allegations be dismissed without prejudice;
7 3. For purposes of the statute of limitations, Plaintiff’s claims in arbitration shall be
8 deemed tolled as of February 4, 2022, the date she filed the present action;
9 4. That Plaintiff’s Cause of Action alleged under PAGA (the Sixth Cause of Action
10 in the Complaint) be stayed until after the Supreme Court issues a decision in Viking River
11 Cruises;
12 5. That the case management conference scheduled for May 6, 2022 should be
13 vacated; and
14 6. That no more than thirty (30) court days after the Supreme Court issues its opinion
15 in Viking River Cruises, the Parties will submit a status report to the Court discussing: (1) whether
16 to lift the stay of the PAGA cause of action or to dismiss the PAGA cause of action and submit an
17 individual PAGA cause of action, if Plaintiff wishes to pursue that claim, in the Parties’ pending
18 arbitration; and (2) potential dates for a status conference with the Court.
19 IT IS SO STIPULATED.
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MORGAN, LEWIS &
BOCKIUS LLP
-3-
ATTORNEYS AT LAW
COSTA MESA
STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS
ALLEGATIONS, AND STAY PAGA CLAIM
1 Dated: April 13, 2022 POTTER HANDY LLP
2 By /s/ James M. Treglio
Mark D. Potter
3 James M. Treglio
Attorneys for Plaintiff
4 PATRICIA ELLIS
5 Dated: April 13, 2022 MORGAN, LEWIS & BOCKIUS LLP
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7 By /s/ Daryl S. Landy
Daryl S. Landy
8 Kimberli Williams
Attorneys for Defendant
9 CITIBANK, N.A.
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MORGAN, LEWIS &
BOCKIUS LLP
-4-
ATTORNEYS AT LAW
COSTA MESA
STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS
ALLEGATIONS, AND STAY PAGA CLAIM
1 PROOF OF SERVICE
2 Patricia Ellis v. Citibank, N.A.
San Mateo Superior Court Case No. 22-CIV-00430
3
I am a citizen of the United States and employed in Orange County, California. I am over
4 the age of eighteen years and not a party to the within entitled action. My business address is 600
Anton Boulevard, Suite 1800, Costa Mesa, CA 92626-7653. On April 14, 2022, I served a copy
5 of the within document(s):
6 STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL
CLAIMS FOR SUBMISSION TO ARBITRATION, TO DISMISS CLASS
7 ALLEGATIONS, AND TO STAY PAGA CLAIM
8 by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, the United States mail at Costa Mesa, California addressed as set
9 forth below.
10
by transmitting via e-mail or electronic transmission the document(s) listed above
to the person(s) at the e-mail address(es) set forth below.
11
12 Mark D. Potter Attorneys for Plaintiff Patricia Ellis
James M. Treglio
13 POTTER HANDY LLP
14 100 Pine Street, Ste. 1250
San Francisco, CA 94111
15 Tel: 858.375.7385
Fax: 888.422.5191
16 mark@potterhandy.com
jimt@potterhandy.com
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18 I am readily familiar with the firm's practice of collection and processing correspondence
for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
19 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
motion of the party served, service is presumed invalid if postal cancellation date or postage
20 meter date is more than one day after date of deposit for mailing in affidavit.
21 Executed on April 14, 2022, at Costa Mesa, California.
22 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
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Cindy J. Hachiya
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MORGAN, LEWIS &
BOCKIUS LLP
ATTORNEYS AT LAW
COSTA MESA
DB2/ 42805734.1
Preview
1 POTTER HANDY LLP Mark D. Potter, Bar No. 166317 2 James M. Treglio, Bar No. 228077 100 Pine Street, Suite 1450 3 San Francisco, CA 94111 Tel: 858.375.7385 4/14/2022 4 Fax: 888.422.5191 mark@potterhandy.com 5 jimt@potterhandy.com 6 Attorneys for Plaintiff PATRICIA ELLIS 7 MORGAN, LEWIS & BOCKIUS LLP 8 Daryl S. Landy, Bar No. 136288 600 Anton Boulevard, Suite 1800 9 Costa Mesa, CA 92626-7653 Tel: +1.714.830.0600 10 Fax: +1.714.830.0700 daryl.landy@morganlewis.com 11 MORGAN, LEWIS & BOCKIUS LLP 12 Kimberli Williams, Bar No. 318741 300 South Grand Avenue, 22nd Floor 13 Los Angeles, CA 90071-3132 Tel: +1.213.612.2500 14 Fax: +1.213.612.2501 kimberli.williams@morganlewis.com 15 Attorneys for Defendant 16 CITIBANK, N.A. 17 18 SUPERIOR COURT OF THE STATE OF CALIFORNIA 19 COUNTY OF SAN MATEO 20 21 PATRICIA ELLIS, individually and on behalf Case No. 22-CIV-00430 of all others similarly situated, 22 STIPULATION TO DISMISS OR STAY Plaintiff, NON-PAGA INDIVIDUAL CLAIMS 23 FOR SUBMISSION TO vs. ARBITRATION, TO DISMISS CLASS 24 ALLEGATIONS, AND TO STAY PAGA CITIBANK, N.A., and DOES 1 to 100, CLAIM 25 Defendant. 26 27 Complaint Filed: Feb. 4, 2022 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW COSTA MESA STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS ALLEGATIONS, AND STAY PAGA CLAIM 1 Plaintiff Patricia Ellis (“Plaintiff”) and Defendant Citibank, N.A. (“Citi”) (collectively, the 2 “Parties”), by and through their undersigned counsel, respectfully request that the Court dismiss 3 without prejudice or stay Plaintiff’s non-PAGA individual claims for Plaintiff to submit them to 4 binding individual arbitration, dismiss the Complaint’s class allegations without prejudice, and 5 temporarily stay Plaintiff’s PAGA cause of action pending the United States Supreme Court 6 issuing its opinion in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 734 (cert. granted 7 December 15, 2021). In support of their Stipulation, the Parties state as follows: 8 WHEREAS, Plaintiff while employed with Citi entered into a binding arbitration 9 agreement with Citi requiring individual arbitration of claims relating to her employment and 10 waiving the right to assert class, collective or representative claims; 11 WHEREAS, on February 4, 2022, Plaintiff filed this action against Citi, asserting various 12 employment-related claims as a purported class action and a representative cause of action under 13 the California Labor Code Private Attorneys General Act of 2004 (“PAGA”); 14 WHEREAS, in light of the class action waiver in Plaintiff’s arbitration agreement and to 15 avoid a motion to compel arbitration, the Parties agree that the Court shall dismiss without 16 prejudice or stay Plaintiff’s non-PAGA individual claims for Plaintiff to submit them to 17 arbitration on an individual, non-class basis as agreed in her arbitration agreement with Citi, and 18 the Court shall dismiss without prejudice Plaintiff’s class allegations in the Complaint; 19 WHEREAS, on December 15, 2021, the United States Supreme Court granted the petition 20 for a writ of certiorari in Viking River Cruises, Inc. v. Moriana, Case No. 20-1573 to determine 21 whether the Federal Arbitration Act requires enforcement of bilateral arbitration agreements 22 providing that an employee cannot raise representative claims, including under PAGA; 23 WHEREAS, the Parties have met and conferred and agreed to a temporary stay of this 24 action as to Plaintiff’s PAGA cause of action pending the decision in Viking River Cruises; and 25 WHEREAS, because the Supreme Court’s opinion in Viking River Cruises will determine 26 whether the representative action waiver in Plaintiff’s arbitration agreement is enforceable and 27 whether Plaintiff’s PAGA cause of action may proceed in this Court, the Parties have agreed that 28 to maximize the efficient use of the Court and Parties’ time and resources, to stay the remaining MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW COSTA MESA STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS ALLEGATIONS, AND STAY PAGA CLAIM 1 PAGA cause of action until the Supreme Court issues its opinion. 2 THEREFORE, IT IS HEREBY STIPULATED AS FOLLOWS: 3 1. That Plaintiff’s non-PAGA individual causes of action be dismissed without 4 prejudice or stayed (whichever the Court prefers) for Plaintiff to submit those non-PAGA 5 individual claims to individual arbitration in accordance with her arbitration agreement with Citi; 6 2. That Plaintiff’s class allegations be dismissed without prejudice; 7 3. For purposes of the statute of limitations, Plaintiff’s claims in arbitration shall be 8 deemed tolled as of February 4, 2022, the date she filed the present action; 9 4. That Plaintiff’s Cause of Action alleged under PAGA (the Sixth Cause of Action 10 in the Complaint) be stayed until after the Supreme Court issues a decision in Viking River 11 Cruises; 12 5. That the case management conference scheduled for May 6, 2022 should be 13 vacated; and 14 6. That no more than thirty (30) court days after the Supreme Court issues its opinion 15 in Viking River Cruises, the Parties will submit a status report to the Court discussing: (1) whether 16 to lift the stay of the PAGA cause of action or to dismiss the PAGA cause of action and submit an 17 individual PAGA cause of action, if Plaintiff wishes to pursue that claim, in the Parties’ pending 18 arbitration; and (2) potential dates for a status conference with the Court. 19 IT IS SO STIPULATED. 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP -3- ATTORNEYS AT LAW COSTA MESA STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS ALLEGATIONS, AND STAY PAGA CLAIM 1 Dated: April 13, 2022 POTTER HANDY LLP 2 By /s/ James M. Treglio Mark D. Potter 3 James M. Treglio Attorneys for Plaintiff 4 PATRICIA ELLIS 5 Dated: April 13, 2022 MORGAN, LEWIS & BOCKIUS LLP 6 7 By /s/ Daryl S. Landy Daryl S. Landy 8 Kimberli Williams Attorneys for Defendant 9 CITIBANK, N.A. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MORGAN, LEWIS & BOCKIUS LLP -4- ATTORNEYS AT LAW COSTA MESA STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS, DISMISS CLASS ALLEGATIONS, AND STAY PAGA CLAIM 1 PROOF OF SERVICE 2 Patricia Ellis v. Citibank, N.A. San Mateo Superior Court Case No. 22-CIV-00430 3 I am a citizen of the United States and employed in Orange County, California. I am over 4 the age of eighteen years and not a party to the within entitled action. My business address is 600 Anton Boulevard, Suite 1800, Costa Mesa, CA 92626-7653. On April 14, 2022, I served a copy 5 of the within document(s): 6 STIPULATION TO DISMISS OR STAY NON-PAGA INDIVIDUAL CLAIMS FOR SUBMISSION TO ARBITRATION, TO DISMISS CLASS 7 ALLEGATIONS, AND TO STAY PAGA CLAIM 8 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, the United States mail at Costa Mesa, California addressed as set 9 forth below. 10 by transmitting via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 11 12 Mark D. Potter Attorneys for Plaintiff Patricia Ellis James M. Treglio 13 POTTER HANDY LLP 14 100 Pine Street, Ste. 1250 San Francisco, CA 94111 15 Tel: 858.375.7385 Fax: 888.422.5191 16 mark@potterhandy.com jimt@potterhandy.com 17 18 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 19 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage 20 meter date is more than one day after date of deposit for mailing in affidavit. 21 Executed on April 14, 2022, at Costa Mesa, California. 22 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 24 25 Cindy J. Hachiya 26 27 28 MORGAN, LEWIS & BOCKIUS LLP ATTORNEYS AT LAW COSTA MESA DB2/ 42805734.1