Keonkongchack v. Advanced Call Center Technologies, LLC

Filing 11

STIPULATION and ORDER 9 signed by District Judge Troy L. Nunley on 9/9/13 ORDERING this matter STAYED pending the parties' private mediation set for 11/13/2013. The stay shall be lifted on 11/27/2013, and the parties shall file an updated joint status report on or before 11/27/2013. (Kastilahn, A)

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MICHAEL E. BREWER, Bar No. 177912
LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard, Suite 600
Walnut Creek, CA 94597
Telephone:
925.932.2468
Facsimile:
925.946.9809
MICHAEL G. LEGGIERI, Bar No. 253791
LITTLER MENDELSON, P.C.
500 Capitol Mall, Suite 2000
Sacramento, CA 95814
Telephone:
916.830.7200
Facsimile:
916.848.0200

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Attorneys for Defendant
ADVANCED CALL CENTER TECHNOLOGIES,
LLC

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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DEVRA KEOKONGCHACK, individually
and on behalf of all others similarly
situated,

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Case No. 13cv1385 TLN (AC)

Plaintiff,
STIPULATION AND ORDER TO STAY
CASE PENDING MEDIATION

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v.

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ADVANCED CALL CENTER
TECHNOLOGIES, LLC, and DOES 1-50,
inclusive.

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Defendants.

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

STIPULATION AND ORDER TO STAY
CASE PENDING MEDIATION

13cv1385

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Plaintiff Devra Keokongchack (“Plaintiff”) and Defendant Advanced Call Center
Technologies, LLC (“Defendant”) (collectively, the “Parties”), by and through their respective
counsel of record, hereby stipulate and agree as follows:

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1.

merit in pursuing an early mediation of all issues between the Parties.

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2.

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3.

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defenses.
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rights to complete discovery before trial in the event that this case is not resolved at mediation, the
Parties are requesting that this case be stayed until, and in the event that, the November 13, 2013
mediation is unsuccessful.
5.

6.

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WHEREAS, the Parties’ request is not made for the purpose of delay or any other

improper purpose.

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WHEREAS, no case management deadlines have yet been set in this case and a trial

date has not yet been assigned.

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WHEREAS, the Parties want to engage in the mediation process without the

litigation burdens associated with formal discovery and motion practice, and want to preserve their

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WHEREAS, in order to have effective discussions and mediate this case, the Parties

have agreed to an informal exchange of discovery regarding Plaintiff's claims and Defendant's

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WHEREAS, the Parties have already secured a commitment from mediator Michael

Dickstein to conduct a mediation on November 13, 2013.

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WHEREAS, in the interest of efficiency and economy, the Parties agree that there is

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WHEREAS, the Parties agree that the stay will be lifted on, and that the parties will

file an updated joint status report with the Court on or before, November 27, 2013.
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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

STIPULATION AND ORDER TO STAY
CASE PENDING MEDIATION

1.

13cv1385

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THEREFORE, in light of the Parties’ agreement to proceed to mediation and in an effort to
minimize costs, the Parties respectfully request this Court stay formal discovery and all deadlines in
this case, including the deadline for the exchange of initial disclosures and the deadline for
submitting a joint status report and discovery plan, until after the mediation is completed.
IT IS SO STIPULATED.

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Dated: September 6, 2013
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By: /s/ Michael G. Leggieri
MICHAEL E. BREWER
MICHAEL G. LEGGIERI
LITTLER MENDELSON, P.C.
Attorneys for Defendant
ADVANCED CALL CENTER
TECHNOLOGIES, LLC

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Dated: September 6, 2013

BY: /s/ Charles A. Jones [with permission]
CHARLES A. JONES
KELLY MCINERNEY
JONES LAW FIRM
Attorneys for Plaintiff
DEVRA KEOKONGCHACK

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ORDER
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The Court, having considered the Parties’ stipulation for a stay pending mediation, orders

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that this matter is hereby stayed pending the Parties’ private mediation currently scheduled for

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November 13, 2013. The stay shall be lifted on November 27, 2013, and the Parties shall file an

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updated joint status report with the Court on or before November 27, 2013 advising the Court of the

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status of the case and a proposed discovery plan.

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IT IS SO ORDERED.
Dated: September 9, 2013

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Troy L. Nunley
United States District Judge

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LITTLER MENDELSON, P.C.
Treat Towers
1255 Treat Boulevard
Suite 600
Walnut Creek, CA 94597
925.932.2468

STIPULATION AND ORDER TO STAY
CASE PENDING MEDIATION

2.

13cv1385