Sailes v. Multi-Chem Group, LLC, et al.

Filing 20

ORDER GRANTING 19 Stipulation to Stay All Proceedings Pending Mediation and Binding Arbitration, signed by Magistrate Judge Jennifer L. Thurston on 1/8/2015. The hearing on Defendants' Motion to Compel Arbitration 9 , set for 1/20/2015 at 10:00 AM, is VACATED. CASE STAYED. (Hall, S)

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WANGER JONES HELSLEY PC
265 E. River Park Circle, Suite 310
Fresno, California 93720
Telephone: [phone]
Facsimile: [phone]
Michael S. Helsley #199103
Jena M. Graykowski #276420
Attorneys for:

Defendants, Halliburton Energy Services, Inc. and Multi-Chem Group, LLC
UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DENISE SAILES,
Plaintiff,

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Case No. 1:14-CV-01363
STIPULATION AND [PROPOSED]
ORDER TO STAY ALL
PROCEEDINGS PENDING
MEDIATION AND BINDING
ARBITRATION

v.

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MULTI-CHEM GROUP, LLC;
HALLIBURTON ENERGY SERVICES,
INC.; RAY ENGLE; DOES 1 through
100,

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Defendants.

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(Doc. 19)

Judge: Magistrate, Jennifer L. Thurston

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RECITALS

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Defendants Multi-Chem Group, LLC and Halliburton Energy Services, Inc.

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(collectively, “Defendants”) filed a Motion to Compel Arbitration pursuant to the Halliburton

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Company Dispute Resolution Process (“Halliburton DRP”).

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In lieu of opposing Defendants’ Motion to Compel Arbitration, Plaintiff Denise

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Sailes (“Plaintiff”) agrees to submit all of her claims in Case No. 1:14-cv-01363 (“Litigation”)

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to mediation pursuant to the Halliburton DRP. If mediation does not resolve the Litigation,

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Plaintiff further agrees to submit all of her claims in this Litigation to binding arbitration

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pursuant to the Halliburton DRP.

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The Parties agree that proceedings in this Court shall be stayed pending the

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completion of the mediation and if necessary, binding arbitration. The Parties further agree

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that this Court shall retain jurisdiction to confirm the arbitration award, if any, and to enter

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judgment, if any, for the purposes of enforcement.
{6058/032/00516336.DOC}

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STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING MEDIATION AND BINDING ARBITRATION

STIPULATION

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Defendants, by and through their counsel of record, Michael S. Helsley, of the

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law firm Wanger Jones Helsley PC, and Plaintiff, by and through her counsel Randall Rumph,

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hereby stipulate as follows:

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1.

The Parties will attend mediation pursuant to the Halliburton Company

Dispute Resolution Program;

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2.

All of Plaintiff’s claims in this Litigation will be submitted to mediation;

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3.

If mediation does not resolve this Litigation, the Parties will attend

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binding arbitration pursuant to the Halliburton Company Dispute Resolution Program;
4.

If mediation does not resolve this Litigation, all of Plaintiff’s claims in

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this Litigation shall be submitted to binding arbitration pursuant to the Halliburton Company

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Dispute Resolution Process;

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5.

All proceedings in this Court shall be stayed to allow the completion of

mediation and if necessary, binding arbitration; and
6.

The Court shall retain jurisdiction to confirm the arbitration award, if

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any, and enter judgment, if any, for the purposes of enforcement.

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IT IS SO STIPULATED.

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DATED: January 6, 2015

WANGER JONES HELSLEY PC

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By /s/ Michael S. Helsley
Michael S. Helsley
Jena M. Graykowski, Attorneys for
Defendants, Halliburton Energy Services, Inc.
and Multi-Chem Group, LLC

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DATED: January 6, 2015

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RANDALL RUMPH
By /s/ Randall Rumph
Randall Rumph
Attorney for Plaintiff Denise Sailes

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{6058/032/00516336.DOC}

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STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING MEDIATION AND BINDING ARBITRATION

ORDER

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The matter is STAYED1 to allow the completion of the arbitration; and

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The stipulation of the parties to remand this matter to arbitration is GRANTED;

Every 120 days and no later than 30 days after the issuance of the arbitrator’s

decision, counsel SHALL file a joint status report; and

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4.

The Court retains jurisdiction to confirm the arbitration award and enter

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judgment for the purpose of enforcement.
IT IS SO ORDERED.

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Dated:
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January 8, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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The FAA provides, “If any suit or proceeding be brought in any of the courts of the United States upon any issue
referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending,
upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an
agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had
in accordance with the terms of the agreement . . .” 9 U.S.C § 3.
{6058/032/00516336.DOC}

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STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING MEDIATION AND BINDING ARBITRATION