Walch v. Comcast Cable Communications Management, LLC

Filing 11

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 11/20/2017 ORDERING Binding Arbitration and Stay of Action Pending Arbitration. CASE STAYED. (Hunt, G)

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MICHAEL J. STORTZ (SBN 139386)
[e-mail]
MATTHEW J. ADLER (SBN 273147)
[e-mail]
DRINKER BIDDLE & REATH LLP
50 Fremont Street, 20th Floor
San Francisco, CA 94105-2235
Telephone:
[phone]
Facsimile:
[phone]
MICHAEL W. MCTIGUE JR.*
[e-mail]
MEREDITH C. SLAWE*
[e-mail]
DRINKER BIDDLE & REATH LLP
One Logan Square, Suite 2000
Philadelphia, PA 19103
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC
* pro hac vice to be sought

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARK WALCH,
Plaintiff,

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Case No. 2:17-cv-01849-WBS-KJN

v.

STIPULATION AND [PROPOSED]
ORDER FOR BINDING
ARBITRATION AND STAY OF
ACTION PENDING ARBITRATION

COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC,

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Defendant.
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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER FOR
BINDING ARBITRATION AND STAY OF ACTION
PENDING ARBITRATION

CASE NO. 2:17-CV-01849-WBS-KJN

WHEREAS, Plaintiff Mark Walch (“Plaintiff”) filed a Complaint against Defendant

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Comcast Cable Communications Management, LLC (“Comcast”) on September 6, 2017 (Dkt.

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No. 1);

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WHEREAS, Plaintiff alleges that he had a Comcast account and that he received debtcollection telephone calls concerning this account (Compl. ¶¶ 23, 24, 27);
WHEREAS, Plaintiff asserts claims for negligent and willful violations of the Telephone

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Consumer Protection Act, 47 U.S.C. § 227, for alleged violation of the Fair Debt Collection

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Practices Act, 15 U.S.C. § 1692 et seq., and for alleged violation of the Rosenthal Fair Debt

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Collection Practices Act, Cal. Civ. Code § 1788, et seq.;

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WHEREAS, after the filing of Plaintiff’s Complaint, the parties met and conferred and

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have agreed to resolve Plaintiff’s claims in a binding, individual arbitration proceeding

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administered through the American Arbitration Association in accordance with the terms of the

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Comcast Agreement for Residential Services (“Subscriber Agreement”) applicable to Plaintiff’s

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Comcast account, which is attached hereto as Exhibit A.

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THEREFORE, IT IS HEREBY STIPULATED by the parties through their respective
counsel as follows:
1.

Plaintiff’s claims in this action shall be resolved through binding, individual

arbitration pursuant to the terms of the Subscriber Agreement;
2.

This action shall be stayed in its entirety pending completion of the arbitration

proceeding;
3.

To the extent this action is not stayed on or before November 20, 2017, Comcast

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shall be relieved of its obligation to answer or otherwise respond to Plaintiff’s Complaint on that

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date; and

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4.

The parties shall file a joint status report every 120 days from the date this

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Stipulation is approved by the Court, and, additionally, 30 days after the issuance of any

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resolution or decision by an arbitrator.

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IT IS SO STIPULATED.

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER FOR
BINDING ARBITRATION AND STAY OF ACTION
PENDING ARBITRATION

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CASE NO. 2:17-CV-01849-WBS-KJN

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Dated: November 17, 2017

DRINKER BIDDLE & REATH LLP

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By: /s/ Matthew J. Adler
Michael J. Stortz
Matthew J. Adler

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Attorneys for Defendant
COMCAST CABLE COMMUNICATIONS
MANAGEMENT, LLC

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Dated: November 17, 2017

HYDE & SWIGART

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By: /s/ Yana A. Hart (authorized 11.17.2017)
Joshua B. Swigart
Yana A. Hart

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Attorneys for Plaintiff
MARK WALCH

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ORDER
Pursuant to the Stipulation of the parties, IT IS SO ORDERED. The clerk's office shall
administratively close this action, to be reopened upon motion of counsel or order of the court.

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Dated: November 20, 2017

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DRINKER BIDDLE &
REATH LLP
ATTORNEYS AT LAW
SAN FRANCISCO

STIPULATION AND [PROPOSED] ORDER FOR
BINDING ARBITRATION AND STAY OF ACTION
PENDING ARBITRATION

-3-

CASE NO. 2:17-CV-01849-WBS-KJN