Mills v. Encore Restaurants, LLC et al

Filing 14

ORDER signed by District Judge Morrison C. England, Jr on 10/25/18 ORDERING that this litigation is stayed pending completion of informal settlement negotiations and/or mediation through February 1, 2019. The statute of limitations on the FLSA Claim is tolled from June 5, 2018 through February 1, 2019. The Parties shall file an updated joint status report with the Court by February 15, 2019, and every sixty (60) days thereafter, regarding the outcome of their negotiations. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION

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9 LEVETRA MILLS, an individual,
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Case No.: 2:18-cv-01623-MCE-KJN

Plaintiff,

ORDER TO STAY LITIGATION PENDING
COMPLETION OF SETTLEMENT
NEGOTIATONS AND/OR MEDIATION,
AND TOLLING OF FLSA CLAIM

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ENCORE RESTAURANTS, LLC.; FIVE

13 GUYS ENTERPRISES, LLC; ENCORE

ENTERPRISES, INC.; ENCORE FGBF,

14 LLC; ENCORE FGBF COLORADO, LLC;
15 ENCORE FGBF OKLAHOMA, LLC; and
DOES 1-100, inclusive,

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Defendants.
Having reviewed the terms of the Parties’ Stipulation (ECF No. 13), and for good cause

19 shown, IT IS HEREBY ORDERED that:
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(1)
This litigation is stayed pending completion of informal settlement negotiations
21 and/or mediation through February 1, 2019.
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(2)
The statute of limitations on the FLSA Claim is tolled from June 5, 2018 through
23 February 1, 2019.
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(3)
The Parties shall file an updated joint status report with the Court by February 15,
25 2019, and every sixty (60) days thereafter, regarding the outcome of their negotiations. If the case is
26 settled, the Parties shall include a proposed schedule for filing the motion for preliminary approval
27 of the settlement in the joint status report.
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(4)

If the case does not settle, the Parties shall include a proposed schedule for further

2 litigation including deadlines for the filing and responding to class certification motions.
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IT IS SO ORDERED.

4 Dated: October 25, 2018
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