Jenkins v. Dickey's Barbecue Restaurants Inc.

Filing 14

STIPULATION AND ORDER re 11 STIPULATION WITH PROPOSED ORDER REQUESTING STAY PENDING ARBITRATION filed by Dickey's Barbecue Restaurants Inc. Signed by Judge Edward M. Chen on 2/2/17. (bpfS, COURT STAFF) (Filed on 2/2/2017)

1 JORDAN D. GROTZINGER (SBN 190166)

[e-mail]
GREENBERG TRAURIG, LLP
3 1840 Century Park East, Suite 1900
4 Los Angeles, CA 90067
Telephone: [phone]
5 Facsimile: [phone]
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Attorneys for Defendant
7 Dickey’s Barbecue Restaurants, Inc.
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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11 Christopher Jenkins,

Case No. 4:16-cv-07133-EMC

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STIPULATED REQUEST FOR STAY
PENDING ARBITRATION AND
PROPOSED ORDER PURSUANT TO
LOCAL RULES 6-2 AND 7-12;
DECLARATION OF JORDAN D.
GROTZINGER

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Plaintiff,
vs.
Dickey’s Barbecue Restaurants, Inc.,
Defendant.

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Action Filed: December 14, 2016

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STIPULATED REQUEST FOR STAY PENDING ARBITRATION AND PROPOSED ORDER PURSUANT TO LOCAL
RULES 6-2 AND 7-12
Case No. 4:16-cv-07133-KAW
CHI 67862774v1

Plaintiff Christopher Jenkins (“Jenkins”) and Defendant Dickey’s Barbeque

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2 Restaurants, Inc. (“Dickey’s”), by and through their respective counsel, stipulate pursuant
3 to Local Rules 6-2 and 7-12 to stay this action pending the completion of a parallel
4 arbitration proceeding.

RECITALS

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1. On or about February 25, 2016, Jenkins and other claimants filed a Demand for

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Arbitration before the American Arbitration Association, captioned Meadows,

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et al. v. Dickey’s Barbeque Restaurants, Inc., AAA Case No. 01-16-0000-6433.

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Grotzinger Dec., ¶ 2, Ex. 1.

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2. The arbitration was initiated as a result of a November 12, 2015 order from this

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Court, Hon. Jon S. Tigar, granting Dickey’s motion to compel arbitration in the

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case of Meadows, et al. v. Dickey’s Barbeque Restaurants, Inc., U.S. District

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Court, Northern District of California Case No. 15-cv-02139-JST (the

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“Litigation”). The Litigation remains stayed pending the resolution of

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arbitration. Grotzinger Dec., ¶ 3, Ex. 2.
STIPULATION

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Based on the foregoing, the parties stipulate, subject to Court approval, that this

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18 action is stayed pending the completion of arbitration in accordance with the terms of
19 Judge Tigar’s November 12, 2015 order in the Litigation.
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21 DATED: February 1, 2017
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GREENBERG TRAURIG, LLP
By:

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/s/ Jordan D. Grotzinger
JORDAN D. GROTZINGER
Attorneys for Defendant
Dickey’s Barbecue Restaurants, Inc.

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27 ///
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STIPULATED REQUEST FOR STAY PENDING ARBITRATION AND PROPOSED ORDER PURSUANT TO LOCAL
RULES 6-2 AND 7-12
Case No. 4:16-cv-07133-KAW
CHI 67862774v1

1 DATED: February 1, 2017
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THORSNES BARTOLOTTA McGUIRE LLP
By:

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/s/ Charlynne I. Rejaian
VINCENT J. BARTOLOTTA, JR.
KAREN R. FROSTROM
CHARLYNNE I. REJAIAN
Attorneys for Plaintiff
Christopher Jenkins

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dwa
Judge E

RT

HON. EDWARD M. CHEN
ER

A

H

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C

ATTESTATION PURSUANT TO N D I
LOCAL RULEO F
T 5-1(i)(3):

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hen

rd M. C

NO

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R NIA

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FO

February 2,
10 Dated: _______________ 2017

ERED

O ORD
IT IS S

LI

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UNIT
ED

S

RT
U
O

S DISTRICT
TE
C
8 PURSUANT TO STIPULATION, IT IS SO ORDERED.
TA

S T RIC

I, Jordan D. Grotzinger, counsel for Defendant, attest that concurrence in the filing

16 of this document has been obtained from Plaintiff’s counsel, which shall serve in lieu of
17 her signature on the document.
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19 DATED: February 1, 2017

GREENBERG TRAURIG, LLP

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By:

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/s/ Jordan D. Grotzinger
JORDAN D. GROTZINGER
Attorneys for Defendant
Dickey’s Barbecue Restaurants, Inc.

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STIPULATED REQUEST FOR STAY PENDING ARBITRATION AND PROPOSED ORDER PURSUANT TO LOCAL
RULES 6-2 AND 7-12
Case No. 4:16-cv-07133-KAW
CHI 67862774v1

DECLARATION OF JORDAN D. GROTZINGER

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I, Jordan D. Grotzinger, declare as follows:

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1.

I am a shareholder at the law firm of Greenberg Traurig, LLP, counsel of

4 record for Defendant Dickey’s Barbecue Restaurants, Inc. (“Dickey’s”) in this action. I
5 make this declaration based on my personal knowledge and could competently testify to
6 the facts set forth herein.
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2.

On or about February 25, 2016, Plaintiff Christopher Jenkins and other

8 claimants filed a Demand for Arbitration before the American Arbitration Association,
9 captioned Meadows, et al. v. Dickey’s Barbeque Restaurants, Inc., AAA Case No. 01-1610 0000-6433. A true copy of the Demand for Arbitration is attached hereto as Exhibit 1.
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3.

The arbitration was initiated as a result of a November 12, 2015 order from

12 this Court, Hon. Jon S. Tigar, granting Dickey’s motion to compel arbitration in the case
13 of Meadows, et al. v. Dickey’s Barbeque Restaurants, Inc., U.S. District Court, Northern
14 District of California Case No. 15-cv-02139-JST (the “Litigation”). The Litigation
15 remains stayed pending the resolution of arbitration. A true copy of Judge Tigar’s
16 November 12, 2015 order is attached hereto as Exhibit 2.
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I swear under penalty of perjury under the laws of the United States that the

18 foregoing is true and that this Declaration was executed on February 1, 2017 in Los
19 Angeles, California.
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/s/ Jordan D. Grotzinger
JORDAN D. GROTZINGER

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STIPULATED REQUEST FOR STAY PENDING ARBITRATION AND PROPOSED ORDER PURSUANT TO LOCAL
RULES 6-2 AND 7-12
Case No. 4:16-cv-07133-KAW
CHI 67862774v1