Comfort v. Foxx et al

Filing 19

STIPULATION AND ORDER re 18 STIPULATION WITH PROPOSED ORDER TO STAY CASE PENDING ARBITRATION PROCEEDINGS filed by World Success Company LLC, J T Foxx. Signed by Judge Jon S. Tigar on January 1, 2015. (wsn, COURT STAFF) (Filed on 1/1/2015)

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KAUFHOLD GASKIN LLP
STEVEN S. KAUFHOLD, ESQ. (SBN 157195)
Email: [e-mail]
JONATHAN B. GASKIN, ESQ. (SBN 203625)
Email: [e-mail]
RUTH L. HAWLEY, ESQ. (SBN 253112)
Email: [e-mail]
388 Market St., Suite 1300
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415-874-1071

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Attorneys for Defendants

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

VICTORIA COMFORT, an individual

)
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Plaintiff,
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vs.
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JT FOXX aka JUSTIN T. FOXX aka JUSTIN )
GORENKO, individually and dba JT FOXX )
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ORGANIZATION, dba JT FOXX
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SUBSCRIPTIONS, dba FOXX PRODUCTS; )
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WORLD SUCCESS COMPANY LLC, a
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Florida limited liability company formerly
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known as THE COACHING
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ORGANIZATION LLC, dba MY
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COACHING ORGANIZATION, dba FIRST )
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CLASS COACHING; and DOES 1 to 100,
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inclusive,
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Defendants.
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Case No.: 3:14-cv-4369-JST
STIPULATION AND [PROPOSED]
ORDER TO STAY CASE PENDING
ARBITRATION PROCEEDINGS

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STIPULATION AND [PROPOSED] ORDER TO STAY

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THE PARTIES, THROUGH COUNSEL, STIPULATE TO THE FOLLOWING:

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Whereas, Plaintiff Victoria Comfort brought this action, seeking damages and other relief

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against Defendants JT Foxx, World Success Company LLC, and The Coaching Organization,

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LLC;

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Whereas, Defendants filed a Petition to Compel Arbitration on November 20, 2014,
which is currently pending before the Court;
Whereas, the parties have agreed that the claims in this case will be arbitrated in San
Francisco, California, before AAA Arbitration;
Whereas, the parties believe it would be economically efficient and promote justice for
this action to be stayed pending the completion of the arbitration;

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Now, therefore it is agreed that:

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1.

This action shall be stayed in its entirety;

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2.

All dates currently scheduled in this case shall be vacated;

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3.

Defendants’ pending Petition to Compel Arbitration shall be removed from the

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Court’s calendar, without prejudice to re-filing or re-noticing if circumstances warrant;
4.

The parties will contact the Court within 30 days of the issuance of the arbitration

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award or other resolution of the arbitration proceedings, whichever is later, and this action will

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remain stayed pending further order of the Court.

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Date: December 30, 2014
/s/ Ruth Hawley
Kaufhold Gaskin LLP
Steve Kaufhold
Ruth Hawley
Attorneys for Defendants JT Foxx,
World Success Company LLC, and
The Coaching Organization, LLC

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Date: December 30, 2014
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/s/ Philip Terry
Carle, Mackie, Power & Ross LLP
Philip J. Terry
Attorney for Plaintiff Victoria
Comfort

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STIPULATION AND [PROPOSED] ORDER TO STAY

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[PROPOSED] ORDER

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2.

All dates currently scheduled in this case shall be vacated;

3.

Defendants’ pending Petition to Compel Arbitration shall be removed from the

Court’s calendar, without prejudice to re-filing or re-noticing if circumstances warrant;
4.

The parties will contact the Court within 30 days of the issuance of the arbitration

award or other resolution of the arbitration proceedings, whichever is later, and this action will
remain stayed pending further order of the Court.

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UNIT
ED

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Date: January 1, 2015

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RT
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S DISTRICT
TE
C
TA

DERED
SO OR
T IS
I___________________________
Honorable Jon S. Tigar
United States District Judge

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. Ti ga r

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J u d ge J o

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D IS T IC T
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STIPULATION AND [PROPOSED] ORDER TO STAY

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R NIA

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This action shall be stayed in its entirety;

FO

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The parties having stipulated, and for good cause shown, it is hereby ORDERED that:

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OF

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