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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1 2 3 4 5 6 7 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: (916) 444-1000 Facsimile: (916) 444-2100 Attorneys for Plaintiff ENRIQUE ALVAREZ ZARDAIN 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DOWNEY BRAND LLP 12 ENRIQUE ALVAREZ ZARDAIN, an individual, Plaintiff, 13 14 15 16 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. 17 Plaintiff ENRIQUE ALVAREZ ZARDAIN (“Plaintiff”) and Defendant TRC 18 19 HOLDINGS, INC. (“TRC”) (collectively, the “Parties”), by and through their attorneys of record, 20 hereby stipulate and agree as follows: RECITALS 21 A. 22 On or about June 4, 2015, Plaintiff filed his Complaint (the “Complaint”) in this 23 action against Defendants IPACPA US, Inc. (“IPACPA”) and TRC. IPACPA has not appeared in 24 this action. B. 25 On or about December 22, 2016, the Parties reached agreement on the terms of a 26 settlement for purposes of resolving Plaintiff’s claims against TRC, which were memorialized in 27 a settlement agreement (the “Settlement Agreement”). C. 28 1463640.2 Pending TRC’s performance under the Settlement Agreement, the Parties wish to 1 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION 1 stay this action as to all claims asserted by Plaintiff against TRC, in order to avoid the time and 2 costs associated with unnecessary litigation. 3 E. This Stipulation is limited to Plaintiff’s claims against TRC and has no bearing on 4 Plaintiff’s claims against IPACPA. TRC agrees that it shall not oppose any actions taken by 5 Plaintiff to pursue his claims against IPACPA, despite any prior activity by TRC in this action. 6 STIPULATION 7 8 THEREFORE, it is hereby stipulated, by and between the Parties, through their designated counsel, that: 9 1. All further proceedings in this action, as they relate to all claims asserted by 10 Plaintiff against TRC in the Complaint, shall be stayed until July 31, 2019; unless sooner 11 dismissed by the Parties hereto. DOWNEY BRAND LLP 12 2. All deadlines and requirements associated with Plaintiff’s claims against TRC in 13 this action, whether pursuant to the Federal Rules of Civil Procedure, Local Rules, or this Court’s 14 Pretrial Scheduling Order entered on October 19, 2015, shall be continued until after the 15 expiration of the stay sought herein. 16 3. The Parties expressly preserve all claims, defenses, objections, or legal arguments 17 they have or may have in the above-entitled action. This Stipulation and the stay sought herein 18 shall not affect or impact the Parties’ claims, defenses, objections, or arguments. 19 4. The Parties agree to the tolling of any statute, rule, or court order requiring timely 20 prosecution of this action. 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 1463640.2 2 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION 1 IT IS SO STIPULATED. 2 3 Dated: February 9, 2017 DOWNEY BRAND LLP 4 By: 5 /s/ Jamie P. Dreher JAMIE P. DREHER CHRISTOPHER B. BURTON Attorneys for Plaintiff Enrique Alvarez Zardain 6 7 8 Dated: February 9, 2017 HILL RIVKINS BROWN & ASSOCIATES 9 10 By: /s/ Adam C. Brown ADAM C. BROWN Attorneys for Defendant TRC Holdings, Inc. 11 DOWNEY BRAND LLP 12 13 14 ORDER 15 16 IT IS SO ORDERED. Dated: February 9, 2017 17 18 19 20 21 22 23 24 25 26 27 28 1463640.2 3 STIPULATION AND [PROPOSED] ORDER TO STAY ACTION

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