Order ProposedCal. Super. - 6th Dist.April 5, 2021EFS-020 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR N0.: FOR COURT USE ONLY NAME; Andrew M. Spurchise, SBN 245998, Elisa Nadeau, SBN 199000 FIRM NAME; Linda N. Bollinger, SBN 289515; Alec S. DiMario, SBN 309811 STREETADDRESS; Littler Mendelson, PC; 50 W. San Fernando St., 7th F|. CITY: san JOSG STATE: CA ZIP CODE: 951 13 TELEPHONE N0.: 408-998-4150 FAX N0.: 408288-5686 E-MAIL ADDRESS;aspurchise@|ittler.com; enadeau@|ittler.com; adimario@|ittler.com ATTORNEY FORmame); Def. Garuda Labs, Inc. dba Instawork SUPERIOR COURT 0F CALIIFORNIA, COUNTY 0F SANTA CLARA Envelope: 7244811 STREET ADDRESS; 191 N. Flrst St. MAILING ADDRESS: CITY AND ZIP CODE: san JOSE, CA 951 13 BRANCH NAME: CASE NUMBER: PLAINTIFF/PETITIONER: DeAngeIo Daniels 21CV379147 DEFENDANT/RESPONDENT: Garuda Labs, Inc. dba Instawork JUD'C'AL ““535?“ Hon. Patncna M. Lucas OTHER: DEPT: PROPOSED ORDER (COVER SHEET) 3 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: Garuda Labs, Inc. dba Instawork 2. Title of the proposed order: [PROPOSED] ORDER GRANTING DEFENDANT GARUDA LABS, INC. DBA INSTAWORK'S MOTION TO COMPEL ARBITRATION, STRIKE CLASS ALLEGATIONS, AND STAY PROCEEDINGS 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Defendant's Motion to Compel Arbitration, Strike Class Allegations and Stay Proceedings b. Date and time: October 27, 2021 c. Place: 3 4. The proposed order was sewed on the other parties in the case. Plaintiff's Attorneys Edwin Aiwazian, Lawyers for Justice, PC Alec s. DiMario > jwkifiucfi/ (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use PROPOSED ORDER (COVER SH EET) Cal. Rules of Court, Judicial Council of California . . . rules 2.252, 3.1 312 EFS-020 [Rev. February 1, 2017] (EleCtronlc Fll'ng) www.courts.ca‘gov American LegalNet, Inc. www.FormsWorkFlow,c0m V. EFS-020 CASE NAME: CASE NUMBER: DeAngelo Daniels v. Garuda Labs, Inc. dba Instawork 21CV379147 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. Elizabeth E. Bond a. My residence or business address is (specify): Littler Mendelson, PC, 50 W. San Fernando St., 7‘“ F|., San Jose, CA 951 13 b. My electronic service address is (specify): ebond@|ittler.com 2. | electronically sewed the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name ofperson served) (If the person served is an attorney, the party orparties represented should also be stated): Edwin Aiwazian, Lawyers for Justice, PC b. To (electronic seNice address ofperson served): edwin@calljustice.com; SS@ca||justice.com; e-service@calljustice.com; c. On (date): 9/1 0/2021 DElectronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. | declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 9/20/2021 Elizabeth E. Bond P ls/ Elizabeth E. Bond (TYPE OR PRINT NAME OF DECLARANT) (SIGNATURE OF DECLARANT) EFS-OZO [Rev. February 1, 2017] PROPOSED ORDER (COVER SH EET) Page 2 of 2 (Electronic Filing) American LegalNet, Inc. www.FormsWorkFlow.com Envelope: 7244811 1 ANDREW M. SPURCHISE, Bar No. 245998 aspurchise@littler.com 2 LITTLER MENDELSON P.C. 900 3rd Avenue, 8th Floor 3 New York, NY 10022-3298 Telephone: 212.583.9600 4 Fax No.2 212.832.2719 5 ELISA NADEAU, Bar N0. 199000 enadeau@littler.com 6 LINDA NGUYEN BOLLINGER, Bar No. 2895 1 5 lbollinger@littler.com 7 ALEC S. DIMARIO, Bar No. 309811 adimario@littler.com 8 LITTLER MENDELSON, P.C. 50 W. San Fernando, 7th Floor 9 San Jose, CA 951 13.2431 Telephone: 408.998.4150 10 Fax No.2 408.288.5686 11 Attorneys for Defendant GARUDA LABS, INC. dba INSTAWORK 12 13 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA 15 COUNTY OF SANTA CLARA 16 17 DEANGELO DANIELS, individually, and 0n Case No. 21CV379147 behalf of other members 0f the general public 18 similarly situated; Honorable Patricia M. Lucas Department 3 19 Plaintiff, [PROPOSED] ORDER GRANTING 20 V. DEFENDANT GARUDA LABS, INC. DBA INSTAWORK'S MOTION TO 21 GARUDA LABS, INC dba INSTAWORK, an COMPEL ARBITRATION, STRIKE unknown business entity; and DOES 1 through CLASS ALLEGATIONS, AND STAY 22 100, inclusive, PROCEEDINGS 23 Defendants. Hearing Date: October 27, 2021 Hearting Time: 1:30 pm 24 Department: 3 25 Complaint filed: April 5, 2021 26 27 28 Case No. 21CV379147 LITTLER MENDELSON P.C. 5° W'7?:"Ff“”d° [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION T0 COMPEL ARBITRATION, STRIKE CLASSoor San Jose, CA 95113.2431 408-998-4150 ALLEGATIONS, AND STAY PROCEEDINGS 1 Defendant Garuda Labs, Inc., dba Instawork’s (“Defendant”) Motion t0 Compel 2 Arbitration, Strike Class Allegations, and Stay Proceedings (the “Motion”) came on regularly for 3 hearing before this Court on October 27, 2021. The Court, having read and considered the papers 4 submitted in support of and in opposition t0 the Motion, and based upon the papers and pleadings 5 on file in this matter as well as oral argument, if any, 0f the parties, and for good causing appearing 6 the Court hereby GRANTS Defendant’s Motion. 7 The Court ORDERS as follows: 8 IT IS ORDERED that Plaintiff prosecute his claims, if at all, through final and binding 9 individual arbitration only; 10 IT IS FURTHER ORDERED that all class allegations are stricken from the Complaint filed 11 by Plaintiff; and 12 IT IS FURTHER ORDERED that all further proceedings against Defendant are hereby 13 stayed pending the completion 0f the arbitration 0f Plaintiff’s individual claims pursuant t0 the 14 terms 0f the Arbitration Provision. 15 IT IS SO ORDERED. 16 17 Dated: 18 Judge 0f the California Superior Court 4827-1288-4474.1 / 108436-1004 19 20 21 22 23 24 25 26 27 28 2 Case No. 21CV379147 LITTLER MENDELSON P.C. [PROPOSED] ORDER GRANTING DEFENDANT'S MOTION To COMPEL ARBITRATION, STRIKE CLASS Jozggggsaaggs-W ALLEGATIONS, AND STAY PROCEEDINGS