Ash et al v. Bayside Solutions, Inc.

Filing 21

JOINT STIPULATION AND ORDER CONTINUING CASE MANAGEMENT CONFERENCE AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION re 19 STIPULATION. The lawsuit is stayed, in its entirety, until December 2, 2014. Joint Status Report due by 11/18/2014. Case Management Conference set for 12/2/2014 02:00 PM in Courtroom 2, 17th Floor, San Francisco. Signed by Judge William H. Orrick on 09/25/2014. (jmdS, COURT STAFF) (Filed on 9/25/2014)

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NATALIE A. PIERCE, Bar No. 191342
[e-mail]
KAI-CHING CHA, Bar No. 218738
[e-mail]
ROXANNA IRAN, Bar No. 273625
[e-mail]
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108.2693
Telephone:
415.433.1940
Facsimile:
415.399.8490
Attorneys for Defendant
BAYSIDE SOLUTIONS, INC.
ERIC M. EPSTEIN, Bar No. 64055
[e-mail]
ERIC M. EPSTEIN, APC
1901 Avenue of the Stars, #1100
Los Angeles, California 90067-6002
Telephone: [phone]
Facsimile:
310.556.8021
Attorneys for Plaintiffs
JAMES WARREN ASH, TIMOTHY E. HARRIS,
DAVID TROY STREVA, TIMOTHY D. BUTLER
[Counsel Of Record Continued On Following Page]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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JAMES WARREN ASH, TIMOTHY E.
HARRIS, DAVID TROY STREVA, AND
TIMOTHY D. BUTLER, on behalf of
themselves, the general public, and all others
similarly situated,

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Plaintiffs,

Case No. 3:14-cv-02183-WHO
JOINT STIPULATION AND
ORDER CONTINUING
CASE MANAGEMENT CONFERENCE
AND STAYING LAWSUIT PENDING
COMPLETION OF MEDIATION

v.
BAYSIDE SOLUTIONS, INC., a California
corporation, and DOES 1 through 100,
inclusive,
Defendants.

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JOINT STIP AND ORDER CONTINUING CMC AND
STAYING LAWSUIT PENDING COMPLETION OF
MEDIATION

CASE NO. 3:14-cv-02183-WHO

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Mark R. Thierman, SBN 72913
Joshua D. Buck, SBN 258324
Thierman Law Firm
7287 Lakeside Drive
Reno, NV 89511
775/284-1500
Attorneys for Plaintiffs
JAMES WARREN ASH, TIMOTHY E. HARRIS,
DAVID TROY STREVA, AND TIMOTHY D.
BUTLER

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JOINT STIP AND ORDER CONTINUING CMC AND
STAYING LAWSUIT PENDING COMPLETION OF
MEDIATION

CASE NO. 3:14-cv-02183-WHO

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WHEREAS, Plaintiffs JAMES WARREN ASH, TIMOTHY E. HARRIS, DAVID

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TROY STREVA, and TIMOTHY D. BUTLER (collectively, “Plaintiffs”) filed a Complaint for

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Damages, Penalties, and Restitution (“Complaint”) against Defendant BAYSIDE SOLUTIONS,

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INC. (“Bayside”) in Alameda Superior Court on April 8, 2014;
WHEREAS, Bayside was served with the Summons and Complaint on April 11,

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2014;
WHEREAS, Bayside removed this lawsuit to the United States District Court,

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Northern District of California on May 12, 2014;
WHEREAS, in the interest of efficiency and economy, the Parties agree that there is

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merit in pursuing an early mediation of all issues between the parties;

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WHEREAS, a case management conference is scheduled for November 18, 2014;

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WHEREAS, the parties have agreed to voluntarily mediate this lawsuit and have

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already secured a commitment with respected mediator Michael J. Loeb, Esq. to conduct mediation

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on November 3, 2014;

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WHEREAS, in order to have effective discussions and mediate this case, the parties

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have agreed to an informal exchange of discovery regarding Plaintiffs’ claims and Defendant’s

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defenses;

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WHEREAS, the parties want to engage in the mediation process without the litigation

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burdens associated with formal discovery and motion practice and have further agreed to seek a stay

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of the lawsuit in its entirety in an effort to conserve the resources of both the Court and the parties

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pending the completion of mediation;

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WHEREAS, the parties have agreed that the aforementioned stay shall encompass the

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parties’ November 18, 2014 Case Management Conference and the joint case management

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statement;

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WHEREAS, the parties agree to continue the case management conference, currently

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scheduled for November 18, 2014 to December 2, 2014 and file an updated joint status report with

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the Court on or before November 18, 2014, advising the Court of the status of the mediation and

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whether the parties believe the stay should be continued;
JOINT STIP AND ORDER CONTINUING CMC AND
STAYING LAWSUIT PENDING COMPLETION OF
MEDIATION

1.

CASE NO. 3:14-cv-02183-WHO

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WHEREAS, the parties request is not made for the purpose of delay or any other
improper purpose.

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THEREFORE, in light of the parties’ agreement to proceed to mediation and in an
effort to minimize costs, the parties stipulate and agree as follows:

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1.

The above-captioned lawsuit shall be stayed, in its entirety to December 2,

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2.

The parties’ November 18, 2014 Case Management Conference shall be

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continued to December 2, 2014;

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3.

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2014;

The parties will submit an updated joint status report to the Court by

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November 18, 2014 advising the Court of the status of the mediation and whether the parties believe

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the stay should be continued.

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IT IS SO STIPULATED.
LITTLER MENDELSON, P.C.

Dated: September 15, 2014

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/s/ Kai-Ching Cha
NATALIE A. PIERCE
KAI-CHING CHA
ROXANNA IRAN

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Attorneys for Defendant
BAYSIDE SOLUTIONS, INC.

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ERIC M. EPSTEIN, APC

Dated: September 15, 2014

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/s/ Eric M. Epstein
ERIC M. EPSTEIN

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Attorney for Plaintiffs
JAMES WARREN ASH, TIMOTHY E.
HARRIS, DAVID TROY STREVA, AND
TIMOTHY D. BUTLER

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JOINT STIP AND ORDER CONTINUING CMC AND
STAYING LAWSUIT PENDING COMPLETION OF
MEDIATION

2.

CASE NO. 3:14-cv-02183-WHO

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ORDER

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Based upon the joint stipulation of all parties in the above-captioned case, and good

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cause appearing, it is hereby ordered that the case be stayed, in its entirety, to December 2, 2014.

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The parties’ November 18, 2014 Case Management Conference shall be continued to December 2,

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2014. The parties will submit an updated joint status report to the Court by November 18, 2014

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advising the Court of the status of the mediation and whether the parties believe the stay should be

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continued.

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IT IS SO ORDERED.

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Dated: September 25 2014
__,

_____________________________________
HONORABLE WILLIAM H. ORRICK
United States District Judge

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Firmwide:129005910.1 080273.1002

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JOINT STIP AND ORDER CONTINUING CMC AND
STAYING LAWSUIT PENDING COMPLETION OF
MEDIATION

3.

CASE NO. 3:14-cv-02183-WHO