Johnson v. DISH Network, L.L.C. et al

Filing 8

STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 9/29/11: Plaintiff shall submit his claims at issue to final and binding arbitration. This action is hereby stayed pending arbitration. (Kaminski, H)

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ERIC C. BELLAFRONTO, Bar No. 162102
LITTLER MENDELSON
A Professional Corporation
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
Telephone:
408.998.4150
Fax No.:
408.288.5686
ADRIANNE B. OSTROWSKI, Bar No. 238786
LITTLER MENDELSON
A Professional Corporation
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone:
916.830.7200
Fax No.:
916.561.0828
Attorneys for Defendants
DISH NETWORK L.L.C.; ECHOSTAR
SATELLITE CORPORATION; ECHOSPHERE
L.L.C. (ERRONEOUSLY SUED AS ECOSPHERE
L.L.C.)

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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MARQUES JOHNSON,

Case No. 2:11-CV-02133-LKK-DAD

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Plaintiff,
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v.

STIPULATION AND ORDER RE
ARBITRATION AND TO STAY
PROCEEDINGS PENDING ARBITRATION

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DISH NETWORK, L.L.C.; ECHOSTAR
SATELLITE CORPORATION;
ECOSPHERE L.L.C.; KRISTY FEBEL;
BLAKE KEISER; and DOES 1-50,
inclusive,

Trial Date:
None set.
Complaint filed: June 13, 2011

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Defendants.
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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:103805263.1 049145.1014

Case No. 2:11-CV-02133-LKK-DAD

STIPULATION AND [PROPOSED] ORDER RE ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

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Plaintiff MARQUES JOHNSON and Defendants DISH NETWORK L.L.C. (“DISH”),

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ECHOSTAR SATELLITE CORPORATION, and ECHOSPHERE L.L.C. (erroneously sued as

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ECOSPHERE L.L.C.), ( collectively, “the Parties”), by and through their attorneys of record, hereby

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stipulate and agree as follows:

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1.

On June 13, 2011, Plaintiff filed a Complaint in the Superior Court of the State of

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California, in and for the County of Sacramento, which was captioned as follows: “MARQUES

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JOHNSON, Plaintiff v. DISH NETWORK, LLC; ECHOSTAR SATELLITE CORPORATION;

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ECOSPHERE, LLC; KRISTY FEBEL, BLAKE KEISER, AND DOES 1-50, INCLUSIVE; Defendants,”

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designated as Case No. 34-2011-00105860.

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2.

On August 11, 2011, Defendants removed this case to the United States District

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Court, Eastern District of California, and this case was designated as Case No. 2:11-CV-02133-

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LKK-DAD.

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3.

The Parties have not yet appeared at the Status (Pretrial Scheduling) Conference

currently scheduled for October 24, 2011 and no trial date has been assigned.
4.

The Parties agree that they entered into and are bound by the Mandatory Arbitration

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of Disputes – Waiver of Rights Agreement (“Arbitration Agreement”) signed by Plaintiff on April 9,

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2007, with respect to the claims at issue in the above-referenced action.

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5.

Plaintiff agrees to submit his claims at issue in the above-referenced action to final

and binding arbitration pursuant to the Arbitration Agreement signed by Plaintiff on April 9, 2007.
6.

The Parties agree that this action should be stayed pending arbitration and that the

Court shall retain jurisdiction over this matter pending the conclusion of the arbitration.
IT IS SO STIPULATED.

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:103805263.1 049145.1014

2.

Case No. 2:11-CV-02133-LKK-DAD

STIPULATION AND [PROPOSED] ORDER RE ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

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Dated: September 27, 2011

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/s/Eric C. Bellafronto
ERIC C. BELLAFRONTO, ESQ.
ADRIANNE B. OSTROWSKI, ESQ.
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendants
DISH NETWORK, L.L.C.; ECHOSTAR
SATELLITE CORPORATION;
ECOSPHERE, L.L.C.

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Dated: September 26, 2011
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/s/Leo F. Donahue______________________
LEO F. DONAHUE, ESQ.
LEO F. DONAHUE, INC.
Attorneys for Plaintiff
MARQUES JOHNSON

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Dated: September 26, 2011
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/s/Kevin W. Harris______________________
KEVIN W. HARRIS, ESQ.
LAW OFFICES OF KEVIN W. HARRIS
Attorneys for Plaintiff
MARQUES JOHNSON

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:103805263.1 049145.1014

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Case No. 2:11-CV-02133-LKK-DAD

STIPULATION AND [PROPOSED] ORDER RE ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION

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ORDER

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Pursuant to the Parties’ stipulation and good cause appearing, it is hereby ordered,
adjudged and decreed that:
1.

Plaintiff Marques Johnson shall submit his claims at issue in the above-referenced

action to final and binding arbitration pursuant to the Mandatory Arbitration of Disputes – Waiver of
Rights Agreement (“Arbitration Agreement”) signed by Plaintiff on April 9, 2007;
2.

Plaintiff Marques Johnson’s action is hereby stayed pending arbitration; and

3.

This Court shall retain jurisdiction over this matter pending the conclusion of the

arbitration.
IT IS SO ORDERED.

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DATED: September 29, 2011

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
50 W. San Fernando, 15th Floor
San Jose, CA 95113.2303
408.998.4150

Firmwide:103805263.1 049145.1014

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Case No. 2:11-CV-02133-LKK-DAD

STIPULATION AND [PROPOSED] ORDER RE ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION