Martin et al v. Starcon International Inc

Filing 30

JOINT STIPULATION AND ORDER RE 27 STAYING LAWSUIT PENDING COMPLETION OF MEDIATION. Stipulation filed by Starcon International Inc. Signed by Judge Richard Seeborg on 12/3/10. (cl, COURT STAFF) (Filed on 12/3/2010)

Martin et al v. Starcon International Inc

Doc. 30

*E-Filed 12/3/10*

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MICHELLE R. BARRETT, Bar No. 197280 [e-mail] ROSSANA S. ELTANAL, Bar No. 221145 [e-mail] APRIL N. LOVE, Bar No. 255527 [e-mail] LITTLER MENDELSON A Professional Corporation 650 California Street - 20th Floor San Francisco, CA 94108.2693 Telephone: [phone] Fax No.: 415.399.8490 Attorneys for Defendant STARCON INTERNATIONAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION DANIEL MARTIN and ROBEL KELLY, individually and on behalf of all others similarly situated, Plaintiffs, Case No. 10-CV-03676RS JOINT STIPULATION AND [PROPOSED] ORDER STAYING LAWSUIT PENDING COMPLETION OF MEDIATION Complaint Filed: 1st Am. Complaint Filed: April 20, 2010 July 15, 2010

v.
STARCON INTERNATIONAL, INC.; and DOES 1 through 10, inclusive, Defendant.

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L I T T L E R MENDELSON
A PROFESSIONS CORPORATION 6 5 0 C a l i f o r n i a Street 2 0 t h Flo >693 415.433.1940

JOINT STIP. TO STAY LAWSUIT PENDING COMPLETION OF MEDIATION

Case No. 10-CV-03676 RS
Dockets.Justia.com

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LITTLER MENDELSON

WHEREAS, Plaintiffs Daniel Martin, et al. ("Plaintiffs") filed a Class Action Complaint against Starcon International, Inc. ("STARCON") in Contra Costa Superior Court on April 20, 2010; WHEREAS, STARCON filed an Answer to Plaintiffs' Class Action Complaint on May 27, 2009; WHEREAS, Plaintiffs filed a First Amended Class Action Complaint on July 15, 2010; WHEREAS, STARCON removed this lawsuit to the United States District Court, Northern District of California on August 19,2010; WHEREAS, Plaintiffs moved to remand the lawsuit to Contra Costa Superior Court on September 17, 2010; WHEREAS, Plaintiffs' motion to remand came on for hearing on November 4, 2010, at which time the Court took the matter under submission; WHEREAS, the parties have agreed to voluntarily mediate this lawsuit and have further agreed to seek a stay of the lawsuit in its entirety in an effort to conserve the resources of both the Court and the parties pending the completion of mediation; and WHEREAS, the parties have agreed that the aforementioned stay shall encompass Plaintiffs' pending motion to remand, the parties' December 2, 2010 deadline to serve initial disclosures, and the parties' December 9, 2010 Case Management Conference; THEREFORE, the parties stipulate and agree as follows: 1. The above-captioned lawsuit shall be stayed, in its entirety, pending

completion of mediation; 2. The Court's ruling on Plaintiffs' motion to remand shall be stayed pending

completion of mediation; 3. The parties' December 2, 2010 deadline to serve initial disclosures shall be

stayed pending completion of mediation; 4. The parties' December 9, 2010 Case Management Conference shall be reset

following the completion of mediation, if necessary; and
STIP. & [PROPOSED] ORDER STAYING LAWSUIT PENDING MEDIATION
1.

Case No. 10-CV-03676 RS

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L I T T L E R MENDELSON
A PROFESSIONAL CORPORATION 6 5 0 C a l i f o r n i a Street 20lh Floor

5.

The parties will submit an update to the Court within 90 days of entry of order

approving this stipulation. IT IS SO STIPULATED. Dated: November 22, 2010

APRIL N. LOVE LITTLER MENDELSON A Professional Corporation Attorneys for Defendant STARCON INTERNATIONAL, INC. Dated: November 22, 2010

/s/ AvriCN. Love

ERIC A. GROVER KELLER GROVER LLP Attorneys for Plaintiffs DANIEL MARTIN, et al.

/s/ Trie J4. Graver

STIP. & [PROPOSED] ORDER STAYING LAWSUIT PENDING MEDIATION

2.

Case No. 10-CV-03676 RS

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ORDER Based upon the joint stipulation of all parties in the above-captioned case, and good cause appearing, it is hereby ordered that the case be stayed, in its entirety, pending the parties' completion of mediation. Specifically, this Court's ruling on Plaintiffs' motion to remand shall be stayed pending completion of mediation; the parties' December 2, 2010 deadline to serve initial disclosures shall be stayed pending completion of mediation; and the parties' December 9, 2010 Case Management Conference shall be reset following the completion of mediation, if necessary. The parties will submit a status update to this Court within 90 days of this Order. IT IS SO ORDERED.

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LITTLER MENDELSON
A PROFESSIONAL CORPORATION 6 5 0 California Street 20th Floor S a n Francisco CA 94108 2693 4 1 5 . 4 3 3 1940

DATED: 12/3/10 JUDGE OF THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

STIP. & [PROPOSED] ORDER STAYING LAWSUIT PENDING MEDIATION

3.

Case No. 10-CV-03676RS