Alvarez Zardain v. IPACPA US, Inc.

Filing 49

STIPULATION AND ORDER signed by District Judge Morrison C. England, Jr. on 2/9/2017 STAYING all further proceedings in this action until 7/31/2019; CONTINUING all deadlines and requirements until after the expiration of the stay. CASE STAYED. (Michel, G.)

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DOWNEY BRAND LLP
JAMIE P. DREHER (Bar No. 209380)
CHRISTOPHER B. BURTON (Bar No. 296582)
621 Capitol Mall, 18th Floor
Sacramento, CA 95814-4731
Telephone:
[phone]
Facsimile:
[phone]
[e-mail]
[e-mail]
Attorneys for Plaintiff
ENRIQUE ALVAREZ ZARDAIN

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DOWNEY BRAND LLP

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ENRIQUE ALVAREZ ZARDAIN, an
individual,
Plaintiff,

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v.

CASE NO. 2:15-cv-01207-MCE-EFB
STIPULATION AND ORDER TO STAY
ACTION AS TO DEFENDANT TRC
HOLDINGS, INC.

IPACPA US, INC., a Delaware
corporation, TRC HOLDINGS, INC., a
Delaware corporation, and DOES 1-20,
Defendants.

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Plaintiff ENRIQUE ALVAREZ ZARDAIN (“Plaintiff”) and Defendant TRC

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HOLDINGS, INC. (“TRC”) (collectively, the “Parties”), by and through their attorneys of record,

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hereby stipulate and agree as follows:
RECITALS

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A.

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On or about June 4, 2015, Plaintiff filed his Complaint (the “Complaint”) in this

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action against Defendants IPACPA US, Inc. (“IPACPA”) and TRC. IPACPA has not appeared in

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this action.
B.

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On or about December 22, 2016, the Parties reached agreement on the terms of a

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settlement for purposes of resolving Plaintiff’s claims against TRC, which were memorialized in

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a settlement agreement (the “Settlement Agreement”).
C.

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1463640.2

Pending TRC’s performance under the Settlement Agreement, the Parties wish to
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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION

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stay this action as to all claims asserted by Plaintiff against TRC, in order to avoid the time and

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costs associated with unnecessary litigation.

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E.

This Stipulation is limited to Plaintiff’s claims against TRC and has no bearing on

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Plaintiff’s claims against IPACPA. TRC agrees that it shall not oppose any actions taken by

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Plaintiff to pursue his claims against IPACPA, despite any prior activity by TRC in this action.

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STIPULATION

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THEREFORE, it is hereby stipulated, by and between the Parties, through their designated
counsel, that:

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1.

All further proceedings in this action, as they relate to all claims asserted by

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Plaintiff against TRC in the Complaint, shall be stayed until July 31, 2019; unless sooner

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dismissed by the Parties hereto.

DOWNEY BRAND LLP

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2.

All deadlines and requirements associated with Plaintiff’s claims against TRC in

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this action, whether pursuant to the Federal Rules of Civil Procedure, Local Rules, or this Court’s

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Pretrial Scheduling Order entered on October 19, 2015, shall be continued until after the

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expiration of the stay sought herein.

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3.

The Parties expressly preserve all claims, defenses, objections, or legal arguments

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they have or may have in the above-entitled action. This Stipulation and the stay sought herein

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shall not affect or impact the Parties’ claims, defenses, objections, or arguments.

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4.

The Parties agree to the tolling of any statute, rule, or court order requiring timely

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prosecution of this action.

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1463640.2

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION

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IT IS SO STIPULATED.

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Dated: February 9, 2017

DOWNEY BRAND LLP

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By:

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/s/ Jamie P. Dreher
JAMIE P. DREHER
CHRISTOPHER B. BURTON
Attorneys for Plaintiff
Enrique Alvarez Zardain

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Dated: February 9, 2017

HILL RIVKINS BROWN & ASSOCIATES

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By:

/s/ Adam C. Brown
ADAM C. BROWN
Attorneys for Defendant
TRC Holdings, Inc.

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DOWNEY BRAND LLP

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ORDER

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IT IS SO ORDERED.
Dated: February 9, 2017

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1463640.2

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STIPULATION AND [PROPOSED] ORDER TO STAY ACTION