Miller v. Longs Drug Stores California, LLC d/b/a CVS

D. Nevada

Miller v. Longs Drug Stores California, LLC d/b/a CVS

DecidedMarch 10, 2025

Docket2:22-cv-01150

StatusUnknown

This text of Miller v. Longs Drug Stores California, LLC d/b/a CVS (Miller v. Longs Drug Stores California, LLC d/b/a CVS) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. Longs Drug Stores California, LLC d/b/a CVS, (D. Nev. 2025).

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Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:22-cv-01150-JAD-VCF Michele Denise Miller, 4 Plaintiff Order Staying Case Pending Arbitration 5 v.

6 Long Drugs dba CVS Health, et al.,

7 Defendants

8 Pro se plaintiff Michele Denise Miller sued CVS Health for retaliation and employment 9 discrimination based on her age and race. In November 2023, I granted CVS’s motion to compel 10 arbitration and dismiss this case.1 At the time that order was issued, Ninth Circuit authority 11 allowed district courts compelling arbitration to either stay or dismiss the case. But during the 12 pendency of Miller’s appeal of my order, the United States Supreme Court held in Smith v. 13 Spizzirri that district courts compelling arbitration may only stay—not dismiss—such a case.2 14 So the Ninth Circuit panel vacated my dismissal order and remanded with instructions for me to 15 issue a stay pending arbitration instead.3 16 As the Ninth Circuit has vacated the dismissal portion of my order and “remand[ed] for a 17 stay pending arbitration,”4 IT IS ORDERED that THIS CASE IS STAYED pending the 18 19 20 21 1 ECF No. 37. 22 2 ECF No. 46 at 2–3 (quoting Smith v. Spizzirri, 601 U.S. 472, 478 (2024)). 23 3 Id. at 3. 4 Id. 1} conclusion of the arbitration proceedings. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. 3 bs Ene USS. District Jtidge J ennifer/A. Dorsey 5 March 10, 2025 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23

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1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 2:22-cv-01150-JAD-VCF Michele Denise Miller, 4 Plaintiff Order Staying Case Pending Arbitration 5 v.

6 Long Drugs dba CVS Health, et al.,

7 Defendants

8 Pro se plaintiff Michele Denise Miller sued CVS Health for retaliation and employment 9 discrimination based on her age and race. In November 2023, I granted CVS’s motion to compel 10 arbitration and dismiss this case.1 At the time that order was issued, Ninth Circuit authority 11 allowed district courts compelling arbitration to either stay or dismiss the case. But during the 12 pendency of Miller’s appeal of my order, the United States Supreme Court held in Smith v. 13 Spizzirri that district courts compelling arbitration may only stay—not dismiss—such a case.2 14 So the Ninth Circuit panel vacated my dismissal order and remanded with instructions for me to 15 issue a stay pending arbitration instead.3 16 As the Ninth Circuit has vacated the dismissal portion of my order and “remand[ed] for a 17 stay pending arbitration,”4 IT IS ORDERED that THIS CASE IS STAYED pending the 18 19 20 21 1 ECF No. 37. 22 2 ECF No. 46 at 2–3 (quoting Smith v. Spizzirri, 601 U.S. 472, 478 (2024)). 23 3 Id. at 3. 4 Id. 1} conclusion of the arbitration proceedings. The Clerk of Court is directed to ADMINISTRATIVELY CLOSE this case. 3 bs Ene USS. District Jtidge J ennifer/A. Dorsey 5 March 10, 2025 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23

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Miller v. Longs Drug Stores California, LLC d/b/a CVS, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-longs-drug-stores-california-llc-dba-cvs-nvd-2025.