Snipes v. Dollar Tree Distribution, Inc.

Filing 115

ORDER signed by Senior Judge Morrison C. England, Jr. on 1/27/2020 TOLLING, in the manner set forth in 114 Stipulation, the 90 day deadline for the Arbitration Associates to initiate individual demands for arbitration against Defendant, as set forth in 101 Memorandum & Order. (Huang, H)

1 S. BRETT SUTTON (SB# 143107)
JARED HAGUE (SB# 251517)
2 BRADY BRIGGS (SB# 310934)
SUTTON HAGUE LAW CORPORATION, P.C.
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5200 N. Palm Avenue, Suite 203
4 Fresno, California 93704
Telephone: [phone]
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Attorneys for Plaintiff
6 TERRY T. SNIPES, SR., AND THE CLASS
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8 ELENA R. BACA (SB# 160564)
[e-mail]
9 GEORGE W. ABELE (SB # 149846)
[e-mail]
10 PAUL HASTINGS LLP
515 South Flower Street, Twenty-Fifth Floor
11 Los Angeles, California 90071-2228
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for Defendant
DOLLAR TREE DISTRIBUTION, INC.
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[Additional counsel listed on next page]
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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* * *

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TERRY T. SNIPES, SR., an individual,
20 residing in San Joaquin County, California,

Judge: Hon. Morrison C. England, Jr.

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Case No. 2:15-cv-00878-MCE-DAD

Plaintiff,
CLASS ACTION
vs.

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DOLLAR TREE DISTRIBUTION, INC., A
24 Virginia Corporation; and Does 1 through
50, inclusive,
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JOINT STIPULATION RE: TOLLING
OF DEADLINE TO SUBMIT
INDIVIDUAL DEMAND FOR
ARBITRATION; ORDER THEREON

26 Defendants.

Action Filed: April 1, 2015

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__________________________________________________________________________________________________
JOINT STIPULATION RE: TOLLING OF DEADLINE TO SUBMIT INIDIVIDUAL DEMAND FOR ARBITRATION

1 LINDBERGH PORTER (SB# 100091)
[e-mail]
2 LITTLER MENDELSON, P.C.
333 Bush Street, Thirty-Fourth Floor
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San Francisco, CA 94104
4 Telephone: [phone]
Facsimile: [phone]
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RYAN D. DERRY (SB# 244337)
6 [e-mail]
PAUL HASTINGS LLP
7 101 California Street, Forty-Eighth Floor
San Francisco, California 94111
8 Telephone: [phone]
Facsimile: [phone]
9
Attorneys for Defendant
10 DOLLAR TREE DISTRIBUTION, INC.
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__________________________________________________________________________________________________
JOINT STIPULATION RE: TOLLING OF DEADLINE TO SUBMIT INIDIVIDUAL DEMAND FOR ARBITRATION

STIPULATION

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Plaintiff TERRY T. SNIPES, SR. (“Plaintiff”) and Defendant DOLLAR TREE

3 DISTRIBUTION, INC. (“Defendant”), by and through their respective counsel of record,
4 hereby stipulate and agree as follows:
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1.

On or about November 7, 2019, the Court entered a Memorandum and

6 Order by which it, among other things, granted Defendant’s Motion to Compel
7 Arbitration and Amend Operative Class Definition with respect to the Class Members
8 identified in Appendix A and Appendix B of Defendant’s Notice of Motion (hereinafter
9 “the Arbitration Associates”) (Dkt. 101; the “November 7, 2019 Order”).
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2.

The November 7, 2019 Order compelled the Arbitration Associates to

11 arbitrate, in the manner provided by his or her Arbitration Agreement with Defendant,
12 the first through eighth claims for relief asserted in the operative complaint, to be
13 initiated within ninety (90) days of the November 7, 2019 Order, should the Arbitration
14 Associate so choose.
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3.

On or about December 5, 2019, Plaintiff filed a Motion for Reconsideration

16 and Notice of Appeal with respect to the November 7, 2019 Order.
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4.

On or about December 19, 2019, mediator David Lowe, Esq. issued to

18 Plaintiff and Defendant a mediator’s proposal, the terms of which would result in
19 settlement and release of the claims of all Class Members, as of the November 7, 2019
20 Order, and the Arbitration Associates.
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5.

On or about December 23, 2019, Plaintiff and Defendant were notified by

22 Mr. Lowe that the mediator’s proposal was accepted by the parties.
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6.

Plaintiff and Defendant are preparing a long-form settlement agreement

24 and supporting documents to set forth the terms for resolving the claims of the Class
25 Members and the Arbitration Associates and submit for Court approval (the
26 “Settlement”). Defendant agrees that it will provide a draft memorandum of agreement
27 that has been approved by Defendant and all of Defendant’s Counsel to Plaintiff not
28 later than January 31, 2020.
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__________________________________________________________________________________________________
JOINT STIPULATION RE: TOLLING OF DEADLINE TO SUBMIT INIDIVIDUAL DEMAND FOR ARBITRATION

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7.

Plaintiff and Defendant stipulate and agree that it is in the best interest of

2 the Arbitration Associates that the ninety (90) day deadline set forth in the Court’s
3 November 7, 2019 Order for the bringing of individual demands for arbitration be
4 TOLLED pending the submission of the Settlement for Court approval, and distribution
5 of notice of the Settlement to the Class Members subject to the Court’s preliminary
6 approval of the Settlement.
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8.

Plaintiff and Defendant stipulate and agree that the deadline to file an

8 individual claim to arbitrate shall be tolled through and including the later of the following
9 dates: (a) sixty (60) days following the Court’s issuance of an Order denying, in its
10 entirety, the Plaintiff’s Motion for Preliminary Approval of Joint Stipulation of Settlement
11 (“Preliminary Approval Motion”); (b) subject to preliminary approval of the Settlement,
12 sixty (60) days following the date upon which any Arbitration Associate compelled to
13 arbitration pursuant to the Court’s November 7, 2019 Order (Dkt. 101) submits a valid,
14 timely request for exclusion from the Settlement in the manner provided by the
15 Settlement; or (c) sixty (60) days following the Court’s issuance of an Order denying, in
16 its entirety, the Plaintiff’s Motion for Final Approval of Joint Stipulation of Settlement.
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9.

Plaintiff and Defendant agree to work expeditiously to prepare the papers

18 necessary to seek preliminary approval of the Settlement from the Court.
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10.

Plaintiff and Defendant agree that, (i) should Plaintiff be contacted by a

20 Class Member or Arbitration Associate about the case before the filing of the
21 Preliminary Approval Motion, Plaintiff will respond only that the individual should contact
22 Plaintiff’s counsel; and (ii) should Plaintiff’s counsel be contacted by any Class Member
23 or Arbitration Associate about the case before the filing of the Preliminary Approval
24 Motion, Plaintiff’s counsel will respond that a settlement has been reached, the
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JOINT STIPULATION RE: TOLLING OF DEADLINE TO SUBMIT INIDIVIDUAL DEMAND FOR ARBITRATION

1 individual need not do anything to protect his/her rights as to the lawsuit, at this time,
2 and the details of the settlement and the Class Member’s or Arbitration Associate’s
3 rights will be communicated in a forthcoming Court-approved notice.
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5 DATED: January 27, 2020
____________
JARED HAGUE
SUTTON HAGUE LAW CORPORATION
Attorneys for Plaintiff
TERRY T. SNIPES, SR.

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DATED: January 27, 2020

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ELENA BACA
RYAN DERRY
JENNIFER MILAZZO
PAUL HASTINGS
Attorneys for Defendant
DOLLAR TREE DISTRIBUTION, INC.

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ORDER
In accordance with the Joint Stipulation between Plaintiff and Defendant, the

17 ninety (90) day deadline for the Arbitration Associates to initiate individual demands for
18 arbitration against Defendant, if they so choose, as set forth in the Court’s November 7,
19 2019 Memorandum and Order (ECF No. 101), is hereby TOLLED in the manner set
20 forth in the Joint Stipulation of the parties.
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IT IS SO ORDERED.

22 DATED: January 27, 2020
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_______________________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE

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JOINT STIPULATION RE: TOLLING OF DEADLINE TO SUBMIT INIDIVIDUAL DEMAND FOR ARBITRATION