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Vitamin Shoppe Industries LLC v. Jessica Reyes Whitt, on Behalf of the State of California and Aggrieved Employees, et al.

Paid petition · Court of Appeal of California, First Appellate District, No. A168457 · judgment November 28, 2023


Certiorari denied · February 24, 2025
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the trial court’s failure to stay a representative Private Attorneys General Act claim pending arbitration of the Plaintiff’s individual PAGA claim deny the Parties the benefits of the Federal Arbitration Act (“FAA”) in contravention of the FAA?

Counsel of record

For petitioner
John Adams Jr.
Littler Mendelson PC

For respondent
Carolyn H. Cottrell
Schneider Wallace Cottrell Konecky

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Feb 24 2025
    Petition DENIED.
  2. Feb 05 2025
    DISTRIBUTED for Conference of 2/21/2025.
  3. Nov 14 2024
    Suggestion of Bankruptcy of Vitamin Shoppe Industries LLC from counsel of petitioners filed.
  4. Nov 06 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including January 3, 2025.
  5. Nov 04 2024
    Motion to extend the time to file a response from November 4, 2024 to January 3, 2025, submitted to The Clerk.
  6. Sep 05 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including November 4, 2024, for all respondents.
  7. Sep 04 2024
    Motion to extend the time to file a response from September 4, 2024 to November 4, 2024, submitted to The Clerk.
  8. Aug 06 2024
    Motion to extend the time to file a response is granted and the time is further extended to and including September 4, 2024, for all respondents.
  9. Aug 05 2024
    Motion to extend the time to file a response from August 5, 2024 to September 4, 2024, submitted to The Clerk.
  10. Jul 08 2024
    Motion to extend the time to file a response is granted and the time is extended to and including August 5, 2024, for all respondents.
  11. Jul 05 2024
    Motion to extend the time to file a response from July 5, 2024 to August 5, 2024, submitted to The Clerk.
  12. May 14 2024
    Petition for a writ of certiorari filed. (Response due July 5, 2024)