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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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NATALIE A. PIERCE, Bar No. 191342 npierce@littler.com KAI-CHING CHA, Bar No. 218738 kcha@littler.com ROXANNA IRAN, Bar No. 273625 riran@littler.com 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 emepstein@aol.com ERIC M. EPSTEIN, APC 1901 Avenue of the Stars, #1100 Los Angeles, California 90067-6002 Telephone: 310.552.5366 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] 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 20 21 22 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, 23 24 25 26 27 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. 28 JOINT STIP AND ORDER CONTINUING CMC AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION CASE NO. 3:14-cv-02183-WHO 1 2 3 4 5 6 7 8 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 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIP AND ORDER CONTINUING CMC AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION CASE NO. 3:14-cv-02183-WHO 1 WHEREAS, Plaintiffs JAMES WARREN ASH, TIMOTHY E. HARRIS, DAVID 2 TROY STREVA, and TIMOTHY D. BUTLER (collectively, “Plaintiffs”) filed a Complaint for 3 Damages, Penalties, and Restitution (“Complaint”) against Defendant BAYSIDE SOLUTIONS, 4 INC. (“Bayside”) in Alameda Superior Court on April 8, 2014; WHEREAS, Bayside was served with the Summons and Complaint on April 11, 5 6 2014; WHEREAS, Bayside removed this lawsuit to the United States District Court, 7 8 Northern District of California on May 12, 2014; WHEREAS, in the interest of efficiency and economy, the Parties agree that there is 9 10 merit in pursuing an early mediation of all issues between the parties; 11 WHEREAS, a case management conference is scheduled for November 18, 2014; 12 WHEREAS, the parties have agreed to voluntarily mediate this lawsuit and have 13 already secured a commitment with respected mediator Michael J. Loeb, Esq. to conduct mediation 14 on November 3, 2014; 15 WHEREAS, in order to have effective discussions and mediate this case, the parties 16 have agreed to an informal exchange of discovery regarding Plaintiffs’ claims and Defendant’s 17 defenses; 18 WHEREAS, the parties want to engage in the mediation process without the litigation 19 burdens associated with formal discovery and motion practice and have further agreed to seek a stay 20 of the lawsuit in its entirety in an effort to conserve the resources of both the Court and the parties 21 pending the completion of mediation; 22 WHEREAS, the parties have agreed that the aforementioned stay shall encompass the 23 parties’ November 18, 2014 Case Management Conference and the joint case management 24 statement; 25 WHEREAS, the parties agree to continue the case management conference, currently 26 scheduled for November 18, 2014 to December 2, 2014 and file an updated joint status report with 27 the Court on or before November 18, 2014, advising the Court of the status of the mediation and 28 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 1 2 WHEREAS, the parties request is not made for the purpose of delay or any other improper purpose. 3 4 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: 5 1. The above-captioned lawsuit shall be stayed, in its entirety to December 2, 7 2. The parties’ November 18, 2014 Case Management Conference shall be 8 continued to December 2, 2014; 9 3. 6 2014; The parties will submit an updated joint status report to the Court by 10 November 18, 2014 advising the Court of the status of the mediation and whether the parties believe 11 the stay should be continued. 12 13 IT IS SO STIPULATED. LITTLER MENDELSON, P.C. Dated: September 15, 2014 14 15 /s/ Kai-Ching Cha NATALIE A. PIERCE KAI-CHING CHA ROXANNA IRAN 16 17 Attorneys for Defendant BAYSIDE SOLUTIONS, INC. 18 19 20 21 22 ERIC M. EPSTEIN, APC Dated: September 15, 2014 23 /s/ Eric M. Epstein ERIC M. EPSTEIN 24 Attorney for Plaintiffs JAMES WARREN ASH, TIMOTHY E. HARRIS, DAVID TROY STREVA, AND TIMOTHY D. BUTLER 25 26 27 28 JOINT STIP AND ORDER CONTINUING CMC AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION 2. CASE NO. 3:14-cv-02183-WHO 1 ORDER 2 Based upon the joint stipulation of all parties in the above-captioned case, and good 3 cause appearing, it is hereby ordered that the case be stayed, in its entirety, to December 2, 2014. 4 The parties’ November 18, 2014 Case Management Conference shall be continued to December 2, 5 2014. The parties will submit an updated joint status report to the Court by November 18, 2014 6 advising the Court of the status of the mediation and whether the parties believe the stay should be 7 continued. 8 IT IS SO ORDERED. 9 10 Dated: September 25 2014 __, _____________________________________ HONORABLE WILLIAM H. ORRICK United States District Judge 11 12 13 Firmwide:129005910.1 080273.1002 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOINT STIP AND ORDER CONTINUING CMC AND STAYING LAWSUIT PENDING COMPLETION OF MEDIATION 3. CASE NO. 3:14-cv-02183-WHO

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