Olaguibel v. LHOIST North America of Arizona, Inc.

Filing 48

ORDER RE: DEFENDANT'S MOTION TO COMPEL AND MOTION FOR SANCTIONS. The parties shall file a status report with the Court within 60 days of the date of this order if the case has not been dismissed pursuant to the terms of the Parties' settlement agreement. Defendant's motion to compel (ECF No. 42)and motion for sanctions (ECF No. 43), which are currently set for hearing on October 25, 2019, are deemed withdrawn without prejudice. Signed by Judge Maxine M. Chesney on October 10, 2019. (mmclc2, COURT STAFF) (Filed on 10/10/2019)

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Scott P. Jang (State Bar No. 260191)
Hardev S. Chhokar (State Bar No. 311802)
JACKSON LEWIS P.C.
50 California Street, 9th Floor
San Francisco, California 94111-4615
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
E-mail: [e-mail]
Attorneys for Defendant
LHOIST NORTH AMERICA OF ARIZONA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RICK OLAGUIBEL,

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Plaintiff,
v.
LHOIST NORTH AMERICA, a Corporation
doing business in the State of California and
Does 1-50, Inclusive,
Defendants.

Case No. 3:18-cv-07655 MMC JCS
NOTICE OF SETTLEMENT
STIPULATION AND [PROPOSED]
ORDER RE: DEFENDANT’S MOTION
TO COMPEL AND MOTION FOR
SANCTIONS
Complaint Filed:
Trial Date:

November 21, 2018
June 15, 2020

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NOTICE OF SETTLEMENT & STIPULATION AND [PROPOSED] ORDER RE: DEF.’S
MOTION TO COMPEL AND MOTION FOR SANCTIONS
Case No. 3:18-cv-07655 MMC JCS

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Plaintiff Rick Olaguibel (“Plaintiff”) and Defendant Lhoist North America of Arizona,

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Inc. (erroneously sued as Lhoist North America) (“Defendant”) have reached a settlement and are

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working on finalizing a written settlement agreement. Accordingly, the Parties hereby stipulate

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and request the Court grant the following:

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1.

The Parties shall work to finalize a written settlement agreement. The Parties will

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file a status report with the Court within 60 days if the case has not been dismissed pursuant to the

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terms of the Parties’ settlement agreement.

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2.

Defendant’s motion to compel (ECF No. 42) and motion for sanctions (ECF No.

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43), which are currently set for hearing on October 25, 2019, are held in abeyance. In the event

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the Parties inform the Court that a final settlement agreement could not be reached, the Court will

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set a new opposition deadline and reschedule the hearing on Defendant’s motions. Defendant’s

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right to pursue the matters encompassed by the motions will not be affected or prejudiced by the

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current October 22, 2019, discovery deadline.

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3.

In the event the Parties inform the Court that a final settlement agreement could

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not be reached, the fact discovery deadline for Defendant shall be extended to a reasonable date

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set by the Court.

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IT IS SO STIPULATED.

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Dated: October 4, 2019

JACKSON LEWIS P.C.

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By:

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__/s/ Scott P. Jang1__________________
Scott P. Jang
Attorneys for Defendants
LHOIST NORTH AMERICA OF
ARIZONA, INC.

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Dated: October 4, 2019

RICK OLAGUIBEL

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By:

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__/s/ Rick Olaguibel__________________
Proceeding Pro Se

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Pursuant to Local Rule 5-1(i), the ECF-filing party attests that concurrence in the filing of this
document has been obtained from each of the signatories.

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NOTICE OF SETTLEMENT & STIPULATION AND [PROPOSED] ORDER RE: DEF.’S
MOTION TO COMPEL AND MOTION FOR SANCTIONS
Case No. 3:18-cv-07655 MMC JCS

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[PROPOSED] ORDER

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Pursuant to the Parties’ stipulation, and good cause appearing, the Court orders as follows:

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1.

The Parties shall work to finalize a written settlement agreement. The Parties shall

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file a status report with the Court within 60 days of the date of this order if the case has not been

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dismissed pursuant to the terms of the Parties’ settlement agreement.

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2.

Defendant’s motion to compel (ECF No. 42) and motion for sanctions (ECF No.

deemed withdrawn without prejudice.

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43), which are currently set for hearing on October 25, 2019, are held in abeyance. In the event

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the Parties inform the Court that a final settlement agreement could not be reached, the Court will

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set a new opposition deadline and reschedule the hearing. on Defendant’s motions. Defendant’s

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right to pursue the matters encompassed by the motions will not be affected or prejudiced by the

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current October 22, 2019, discovery deadline.

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^

motions may be renoticed for

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3.

In the event the Parties inform the Court that a final settlement agreement could

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not be reached, the fact discovery deadline for Defendant shall be extended to a reasonable date

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set by the Court.

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IT IS SO ORDERED.

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October 10, 2019
Date: _______________
_____

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____________________________________________
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__ _______________
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Senior U.S. District Court Judge Maxine M Chesney
Maxine M.
or U.S. District
.S
in
n

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4841-8219-8697, v. 1

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NOTICE OF SETTLEMENT & STIPULATION AND [PROPOSED] ORDER RE: DEF.’S
MOTION TO COMPEL AND MOTION FOR SANCTIONS
Case No. 3:18-cv-07655 MMC JCS