Ruiz v. Conduent Commercial Solutions LLC

Filing 19

Joint Stipulation to Stay Discovery and Continue Scheduling Conference Pending a Decision on Defendant's Motion to Compel Arbitration and Order, signed by Magistrate Judge Barbara A. McAuliffe on 9/15/2022. Initial Scheduling Conference set for 11/3/2022 at 09:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A. McAuliffe. (Marrujo, C)

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HEATHER D. HEARNE, SBN 254496
[e-mail]
THE KULLMAN FIRM
A Professional Law Corporation
4605 Bluebonnet Blvd., Suite A
Baton Rouge, LA 70809
Tel.: [phone]
Fax: [phone]
Attorneys for Defendant
CONDUENT COMMERCIAL SOLUTIONS, LLC
DANNY YADIDSION, SBN 260282
PATRICK D. MARTINEZ, SBN 337569
LABOR LAW PC
100 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Telephone: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
LYNN RUIZ

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

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LYNN RUIZ, individually and on behalf of the
putative class,

CASE NO. 1:21-cv-1555-JLT-BAK (BAM)

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Plaintiff,

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v.
CONDUENT COMMERCIAL SOLUTIONS,
LLC, a Nevada limited liability company; and
DOES 1 through 50, inclusive,

JOINT STIPULATION TO STAY
DISCOVERY AND CONTINUE
SCHEDULING CONFERENCE
PENDING A DECISION ON
DEFENDANT’S MOTION TO COMPEL
ARBITRATION AND ORDER

Defendants.

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Plaintiff Lynn Ruiz (“Plaintiff”) and Defendant Conduent Commercial Solutions, LLC
(“CCS” or “Defendant”) (collectively referred to as “the Parties”) hereby stipulate and jointly move
for a court order staying discovery and continuing the April 27, 2022 Scheduling Conference
pending a decision on Defendant’s pending Motion to Compel Arbitration. (Dkt No. 6)

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Page 1 of 3

JOINT MOTION AND STIPULATION TO
STAY DISCOVERY

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WHEREAS on September 20, 2021, Plaintiff filed a Complaint in the Superior Court of the
State of California for the County of Kern, Case No. BCV-21-102215, asserting two causes of
action on behalf of Plaintiff and all other persons similarly situated: (1) violation of Labor Code
Section 2802; and (2) unfair and unlawful business practices. (Dkt No. 2-1)
Defendant removed Plaintiff’s Complaint to this Court on October 21, 2021. (Dkt No. 1).
Thereafter, on November 23, 2021, Defendant filed a Motion to Compel Arbitration. (Dkt No. 6).
Plaintiff submitted an Opposition to Defendant’s Motion to Compel Arbitration on January 4, 2022.
(Dkt No. 9). Defendant filed a Reply Brief in Support of Motion to Compel Arbitration on January
11, 2022. (Dkt No. 12)
In light of the pending Motion to Compel Arbitration, on November 29, 2021, the Court
continued the Scheduling Conference originally scheduled for January 18, 2022 to April 27, 2022.
(Dkt No. 8). On April 18, 2022, the Parties filed a Joint Stipulation to Stay Discovery and Continue
Scheduling Conference Pending a Decision on Defendant’s Motion to Compel Arbitration. (Dkt
No. 13). The Court granted that Stipulation on April 19, 2022 and continued the Initial Scheduling
Conference to September 29, 2022. (Dkt No. 16). The Court has not yet ruled on the pending
Motion to Compel.
WHEREAS the Parties desire to have the Scheduling Conference continued and discovery
stayed an additional thirty-days to allow time for the Court to rule on the pending Motion to Compel
Arbitration because a ruling on the motion would substantially impact the scope of these
proceedings and the scope of discovery. Accordingly, Plaintiff and Defendant hereby stipulate and
agree as follows:
1. Plaintiff and Defendant stipulate and agree to a thirty-day continuance and stay of the
Scheduling Conference scheduled for September 29, 2022.
2. Plaintiff and Defendant stipulate and agree to stay discovery pending a ruling on
Defendant’s pending Motion to Compel Arbitration.
3. This Stipulation may be executed in any number of facsimile or electronic counterparts,
each of which shall be deemed an original, and all such counterparts taken together shall be deemed

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JOINT MOTION AND STIPULATION TO
STAY DISCOVERY

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to constitute one and the same instrument.

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Dated: September 13, 2022

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By: /s/_Patrick Martinez
LABOR LAW PC
Attorney for Plaintiff
LYNN RUIZ

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By: /s/ Heather D. Hearne
THE KULLMAN FIRM
A Professional Law Corporation
Attorney for Defendant
CONDUENT COMMERCIAL SOLUTIONS,
LLC

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ORDER

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Based on the parties’ stipulation, and good cause appearing, IT IS HEREBY ORDERED

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that Discovery remains STAYED in this matter pending resolution of the motion to compel

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arbitration. Further, the Initial SCHEDULING CONFERENCE set for 09/29/2022 is continued to

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November 3, 2022, at 9:30 AM in Courtroom 8 (BAM) before Magistrate Judge Barbara A.

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McAuliffe. The parties shall file a Joint Scheduling Report one week prior to the conference.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

September 15, 2022

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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JOINT MOTION AND STIPULATION TO
STAY DISCOVERY