Ortiz et al v. Tilly's, Inc.

Filing 18

Stipulation to stay matter; Order Thereon, signed by Magistrate Judge Michael J. Seng on 3/30/2015. (Status Conference set for 6/11/2015 at 11:00 AM in Courtroom 6 (MJS) before Magistrate Judge Michael J. Seng) (Rosales, O)

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Amy R. Lovegren-Tipton (SBN 258697)
LAW OFFICE OF AMY R.
LOVEGREN-TIPTON, APLC
5703 N. West Avenue, Suite 103
Fresno, California 93711
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorney for Plaintiffs, HERBERT ORTIZ and AUDRA HAYNES, individually, and on behalf
of the general public

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UNITED STATES DISTRICT COURT
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5703 N. West Avenue, Suite 103
Fresno, California 93711

LAW OFFICE OF AMY R. LOVEGREN-TIPTON, APLC

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EASTERN DISTRICT OF CALIFORNIA
) Case No.: 1:15-CV-00108-MJS
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HERBERT ORTIZ and AUDRA HAYNES, ) STIPULATION TO STAY MATTER;
) ORDER THEREON
individually, and on behalf of the general
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public,
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PLAINTIFFS,
) Date Action Filed: November 6, 2014
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v.
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TILLY’S, INC., a Delaware corporation; and )
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Does 1 through 25, inclusive,
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Defendants.
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This stipulation is entered into by and between Plaintiffs Herbert Ortiz and Audra

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Haynes and Defendant Tilly’s, Inc. (collectively, the “Parties”), through their respective

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counsel of record, based upon the following facts:

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1. Plaintiffs filed this action on November 6, 2014.

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2. Defendant filed an Answer on January 21, 2015, at which time Defendant removed

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this action to federal court;

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STIPULATION AND ORDER
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3. Plaintiffs Herbert Ortiz and Audra Haynes each entered into an individual

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arbitration agreement with Defendant, whereby each agreed to arbitrate disputes arising out of

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or related to his or her employment relationship with Defendant on an individual basis only,

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and not on a class, collective, or private attorney general representative basis.

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4. The Scheduling Conference originally set in this matter for April 23, 2015, has been
advanced to March 11, 2015;
5. The Parties have agreed to stay all aspects of this case for a period of no less than
ninety (90) days while they explore meaningful settlement negotiations;
6. Should the Parties’ settlement negotiations fail, the Parties shall stipulate to have the
individual claims of Herbert Ortiz and Audra Haynes arbitrated in accordance with the

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arbitration agreements signed by Plaintiffs;

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5703 N. West Avenue, Suite 103
Fresno, California 93711

LAW OFFICE OF AMY R. LOVEGREN-TIPTON, APLC

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7. Presently, however, the Parties prefer to continue to work together informally,
which may obviate the need for further motion practice and/or court intervention;
8. The Parties agree that a temporary stay of this case will further the interests of
justice and judicial economy;

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9. The Parties therefore agree that all aspects of this case should be stayed for a period

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of no less than ninety (90) days and that the Scheduling Conference currently set for March 11,

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2015, shall be continued to a time convenient for the Court, but no sooner than June 1, 2015.

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STIPULATION

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NOW THEREFORE, it is agreed and stipulated by the Parties, through their respective
counsel, as follows:
1. All aspects of this case are stayed for a period of ninety (90) days, up to and
including May 31, 2015.
2. The Scheduling Conference currently set for March 11, 2015, shall be continued to
a time convenient for the Court, but no sooner than June 1, 2015.
IT IS SO STIPULATED.

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STIPULATION AND ORDER
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Dated: February 27, 2015

LAW OFFICE OF
AMY R. LOVEGREN-TIPTON, APLC

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By: /s/ Amy R. Lovegren-Tipton
AMY R. LOVEGREN-TIPTON,
Attorney for Plaintiffs

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Dated: February 27, 2015

SEYFARTH SHAW LLP

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By:_/s/ Aaron Lubeley_________
AARON LUBELEY,
Attorney for Defendant

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ORDER

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5703 N. West Avenue, Suite 103
Fresno, California 93711

LAW OFFICE OF AMY R. LOVEGREN-TIPTON, APLC

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Good cause appearing, the terms of the above Stipulation to Stay in Case No.: 1:1513
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CV-00108-MJS are accepted, adopted and incorporated as the Order of this Court, and the
Status Conference previously set in this case is continued to June

:00 M.

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IT IS SO ORDERED.
Dated:

March 30, 2015

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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STIPULATION AND ORDER
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