Donnie Cummings et al v. Cenergy International Services, LLC

Filing 32

STIPULATION and ORDER 31 to Stay Action Pending Alternative Dispute Resolution, signed by Magistrate Judge Jennifer L. Thurston on 2/15/2018. CASE STAYED. Joint status report due by 3/30/2018. (Hall, S)

NINA HUERTA (SBN: 229070)
[e-mail]
MATTHEW B. NAZARETH (SBN 278405)
[e-mail]
LOCKE LORD LLP
300 South Grand Avenue, Suite 2600
Los Angeles, CA 90071
Telephone: [phone]
Fax: [phone]

MATTHEW C. HELLAND, SBN 250451
[e-mail]
DANIEL S. BROME, 278915
[e-mail]
NICHOLS KASTER, LLP
235 Montgomery St.
Suite 810
San Francisco, CA 94104
Telephone: [phone]
Facsimile: 415-277-7238

Attorneys for Defendant
CENERGY INTERNATIONAL
SERVICES, LLC

Attorneys for Plaintiffs DONNIE CUMMINGS
and CHARLES BEATY

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DONNIE CUMMINGS, ET AL.,

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Plaintiffs,
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vs.
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CENERGY INTERNATIONAL SERVICES, LLC, )
)
Defendant.
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CASE NO. 1:17-cv-00484-LJO-JLT
JOINT STIPULATION TO STAY
ACTION PENDING ALTERNATIVE
DISPUTE RESOLUTION & ORDER
(Doc. 31)

1
JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE RESOLUTION
Cummings et al. v. Cenergy International Services, LLC

TO THE COURT AND THE CLERK OF COURT, PLEASE TAKE NOTICE THAT
Pursuant to Local Rule 143, Plaintiffs Donnie Cummings and Charles Beaty (collectively,
“Plaintiffs”), and Defendants Cenergy International Services, LLC (“Defendant”) (together with
Plaintiffs, the “Parties”), jointly file this stipulation and proposed order regarding private alternative
dispute resolution:
WHEREAS, the Parties have agreed to mediate the instant dispute on March 20, 2018;
WHEREAS, the Parties have agreed that this action and all proceedings connected with the
McQueen v. Chevron, No. 4:16-cv-02089-JSW (N.D. Cal.) litigation shall be stayed in their entirety
pending mediation; and
WHEREAS, the Parties agree to seek a stay in all venues1, including this matter, in
arbitration, and in the McQueen federal court action; and
WHEREAS, a stay has been entered pursuant to the parties’ requests in the McQueen v.
Chevron action and the Cummings v. Chevron arbitration; and
WHEREAS, the Parties agree that any party may request a lift of the stay at any time,
provided that the request is made in all venues; and
WHEREAS, any proposal by one of the Parties to lift the stay in this matter shall include a
proposal to reset all currently pending dates, including but not limited to, a date for a mid-discovery
conference, and for the close of discovery.
NOW THEREFORE, the Parties hereby stipulate that:
1.

The Parties are currently scheduled for a mediation on March 20, 2018;

2.

All matters and deadlines in all venues in this case shall be stayed in their entirety and
the Court shall take no further action in this matter until further notice from the
parties;

3.

The parties will provide a status report to this Court within 5 days of the completion
of the mediation;

4.

Any party may request a lift of the stay at any time, provided that the request is made

1

As used herein, “all venues” shall include the McQueen v. Chevron federal court action, the
Cummings v. Chevron arbitration, and the Cummings v. Cenergy federal court action.
2
JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE RESOLUTION
Cummings et al. v. Cenergy International Services, LLC

in all venues and any proposal to lift the stay in this matter includes a proposal to
reset all currently pending dates, including but not limited to, a date for a middiscovery conference, and for the close of discovery.
IT IS SO STIPULATED

Dated: February 13, 2018

Respectfully submitted,
NICHOLS KASTER, LLP

By: /s/ Matthew C. Helland
Matthew C. Helland
Daniel S. Brome
Attorney for Plaintiffs,
DONNIE CUMMINGS and CHARLES BEATY
Dated: February 13, 2018

LOCKE LORD LLP

By: /s/ Nina Huerta
Nina Huerta
Attorney for Defendant
CENERGY INTERNATIONAL SERVICES, LLC

[PROPOSED] ORDER RE: JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE
RESOLUTION
Cummings et al. v. Cenergy International Services, LLC

ORDER
Based upon the stipulation of the parties, the Court ORDERS:
1.

The action is STAYED;

2.

Within five days of the completion of the mediation, but not later than March 30,

2018, and every 30 days thereafter, the parties SHALL file a joint status report detailing the progress
of settlement efforts and whether the stay should be lifted.

IT IS SO ORDERED.
Dated:

February 15, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

[PROPOSED] ORDER RE: JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE
RESOLUTION
Cummings et al. v. Cenergy International Services, LLC