Schuchardt et al v. Law Office of Rory W. Clark

Filing 29

ORDER granting 28 Stipulation to Stay Mandatory Early Neutral Evaluation filed by Daniel Schuchardt, Michelle Muggli. Signed by Magistrate Judge Jacqueline Scott Corley on 8/13/2015. (ahm, COURT STAFF) (Filed on 8/13/2015)

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Ryan Lee, Esq. (SBN: 235879)
KROHN & MOSS, LTD.
10474 Santa Monica Blvd, Suite 405
Los Angeles, CA 90025
Phone: [phone] x241
Fax: [phone]
Email: [e-mail]

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Aaron D. Radbil, Esq. (pro hac vice)
GREENWALD DAVIDSON RADBIL PLLC
106 East Sixth Street, Suite 913
Austin, TX 78701
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiffs

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Matthew J. Kumar, Esq. (SBN: 283521)
LAW OFFICE OF RORY W. CLARK,
A PROFESSIONAL LAW CORPORATION
30699 Russell Ranch Road, Suite 215
Westlake Village, California 91362
Tel. [phone] Fax. [phone]
Email: [e-mail]

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Attorneys for Defendant

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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DANIEL SCHUCHARDT and MICHELLE
MUGGLI, on behalf of themselves and
others similarly situated,

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STIPULATION TO STAY
MANDATORY EARLY NEUTRAL
EVALUATION

Plaintiffs,

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Case No.: 3:15-cv-01329-JSC

vs.
LAW OFFICE OF RORY W. CLARK, A
PROFESSIONAL LAW CORPORATION,
Defendant.

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The parties to the above-entitled action hereby stipulate as follows, subject to the Court’s
approval:
-1STIPULATION TO STAY MANDATORY
EARLY NEUTRAL EVALUATION

Case No. 3:15-cv-01329-JSC

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1.

On June 11, 2015, pursuant to Civil L.R. 16-8 and ADR L.R. 3-5, the parties

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stipulated to Early Neutral Evaluation (“ENE”) as the most suitable Alternative Dispute

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Resolution (“ADR”) process for this matter. See Doc. 19.

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2.

On June 12, 2015, the Court entered its order approving the parties’ stipulation,

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see Doc. 20 (the “Order”), and on July 24, 2015, the Court issued notice that Peter Califano, Esq.

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has been assigned to this case as Evaluator. See Doc. 27.

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3.

On July 30, 2015, counsel for the parties held their initial telephonic conference

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with Mr. Califano to discuss preparation for, and scheduling of, the parties’ ENE session, which

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is to be held on or before September 10, 2015 pursuant to the Court’s June 12, 2015 Order.

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4.

During the parties’ discussions with Mr. Califano, it was agreed that, in light of

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Defendant’s impending motion for summary judgment, which is to be filed on or before August

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20, 2015, see Doc. 25, the mandatory ENE session would be duplicative of Defendant’s motion,

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and therefore unproductive at this time.

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Accordingly, the parties agree—with Mr. Califano’s support—that the mandatory

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ENE process and schedule currently in place should be stayed pending resolution of Defendant’s

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motion for summary judgment. Motion briefing will be concluded by September 10, 2015, and a

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hearing on Defendant’s motion is currently set for September 17, 2015. The parties further agree

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that, following the Court’s ruling on Defendant’s summary judgment motion, they should

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reconvene at a Joint Case Management Conference before the Court to assess which ADR process

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and schedule best suits this case moving forward.

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6.

The parties have not previously requested any changes to the ADR schedule, and

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the instant stipulation, if approved, would not otherwise affect the schedule of these proceedings.

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Indeed, pending resolution of Defendant’s impending motion for summary judgment, discovery

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is currently stayed until further order of the Court. See Doc. 26.

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-2STIPULATION TO STAY MANDATORY
EARLY NEUTRAL EVALUATION

Case No. 3:15-cv-01329-JSC

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Date: August 13, 2015

Respectfully submitted,

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/s/ Aaron D. Radbil
Aaron D. Radbil (pro hac vice)
Greenwald Davidson Radbil PLLC
106 East Sixth Street, Suite 913
Tel: [phone]
Fax: [phone]
[e-mail]

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/s/ Matthew Kumar
Matthew Kumar
Law Office of Rory W. Clark,
A Professional Law Corporation
30699 Russell Ranch Road, Suite 215
Westlake Village, CA 91362
Tel: [phone]
Fax: [phone]
[e-mail]

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E-FILER’S ATTESTATION
I obtained the concurrence of Mr. Kumar to file the foregoing.

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/s/ Aaron D. Radbil
Aaron D. Radbil

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CERTIFICATE OF SERVICE
I certify that a copy of the foregoing was file electronically on August 13, 2015, via the
Court Clerk’s CM/ECF system, which will provide notice to all counsel of record.

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Judge Ja

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-3STIPULATION TO STAY MANDATORY
EARLY NEUTRAL EVALUATION

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Dated: August 13, 2015

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/s/ Aaron D. Radbil
Aaron D. Radbil

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C
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D IS T IC T O
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Case No. 3:15-cv-01329-JSC