Bautista et al v. WFS Express et al

Filing 28

ORDER granting Parties' 27 Stipulated Motion for Temporary Stay of Case of 150 Days. Within 150 days, the Parties shall file a status report with the Court describing the status of the Parties' efforts to resolve this matter. Signed by Judge Ricardo S. Martinez. (PM)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JIRIKI BAUTISTA, an individual, ARI SILVA,
an individual

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Plaintiff,
v.

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STIPULATED MOTION AND
ORDER FOR TEMPORARY
STAY OF CASE OF 150 DAYS

WFS EXPRESS, a Delaware corporation,
CONSOLIDATED AVIATION SERVICES, a
New York Corporation

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No. C18-0757 RSM

Defendants.
Plaintiffs Jikiri Bautista and Ari Silva (“Plaintiffs”), and Defendants WFS Express and
Consolidated Aviation Services (collectively, the “Defendants”) hereby move on a stipulated
and agreed basis for an order temporarily staying all litigation in this case for 150 days while

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the Parties schedule, prepare for and complete mediation in an attempt to reach an agreement to

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resolve this action. In support of this Stipulated Motion, Plaintiffs and Defendants state as

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follows:

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1.

On April 25, 2018, the Plaintiffs commenced this action by filing a complaint in

King County Superior Court against the Defendants. On May 25, 2018, the Defendants
removed this action to the United States District Court for the Western District of Washington
pursuant to the Class Action Fairness Act (28 U.S.C. §1332(d)).
STIPULATED MOTION AND ORDER FOR
TEMPORARY STAY OF CASE OF 150 DAYS -1
Case No.: 2:18-cv-00757-RSM

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

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2.

In the subsequent twelve months, the Parties have participated in substantial

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documentary discovery, including the production of timekeeping and payroll data for

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Defendants’ employees, who comprise the putative class.

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3.

Counsel for the Parties have conferred regarding the relevant factual and legal

issues in this case, and whether it would be preferable to participate in early mediation before
undertaking signification litigation and motions practice relating to the validity of the Plaintiffs’
claims and theories. The Parties have also considered the Court’s practice of encouraging

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litigants to explore early settlement initiatives that might shorten the duration and cost of
litigation.
4.

As result of these discussions, the Parties have agreed that before Plaintiffs

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further litigate their claims and move the Court for class certification, and before Defendants

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pursue their defenses (including motions practice), it is in the best interest of the Parties to

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explore settlement of this matter by way of mediation. In line with this agreement, the Parties

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have agreed to continue documentary and deposition discovery to allow an informed and
thorough mediation process.
5.

The Parties believe that in the next 150 days, they can: (1) agree upon a neutral

mediator and schedule a mediation session; (2) complete the discovery necessary to prepare for

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mediation; and (3) conduct the mediation. However, the Parties also agree that if they are

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simultaneously attempting to comply with Court deadlines and participate in motions practice,

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this would reduce their ability to constructively participate in mediation.

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On the basis of the foregoing, the Parties request the Court enter an Order staying this
action for all purposes for a period of at least 150 days so that the Parties may conduct early
settlement efforts.
STIPULATED MOTION AND ORDER FOR
TEMPORARY STAY OF CASE OF 150 DAYS -2
Case No.: 2:18-cv-00757-RSM

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

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STIPULATED TO AND SUBMITTED this 27th day of June, 2019.
BADGLEY MULLINS TURNER PLLC

DAVIS WRIGHT TREMAINE LLP

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/s/Duncan C. Turner
Duncan C. Tuner, WSBA #20597
Mark A. Trivett, WSBA #46375
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
Telephone: [phone]
Email: [e-mail]
Email: [e-mail]
Attorneys for Plaintiffs

/s/ Nathaniel J. Wonderly
Kathryn S. Rosen, WSBA #29465
Nathaniel J. Wonderly, WSBA #51925
920 Fifth Avenue, Suite 3300
Seattle WA 98104-1610
Telephone: [phone]
Facsimile 206-757-7134
Email: [e-mail]
Email: [e-mail]

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ABEL M. TSEGGA, PLLC

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/s/Abel M. Tsegga
Abel M. Tsegga, WSBA No. #46349
PO Box 5246, Lynnwood, WA 98046
144 Railroad Ave., #308
Edmonds, WA 98020
Telephone: [phone]
Email: [e-mail]
Attorneys for Plaintiffs

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STIPULATED MOTION AND ORDER FOR
TEMPORARY STAY OF CASE OF 150 DAYS -3
Case No.: 2:18-cv-00757-RSM

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC

ORDER

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Having reviewed the Parties’ Stipulated Motion for Temporary Stay of Case for 150

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Days, the Court grants the motion for good cause shown within and orders that all litigation in

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this action is temporarily stayed for one-hundred fifty (150) days from the entry of this order to

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enable the Parties to focus on and conduct additional settlement efforts. Within 150 days, the

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Parties shall file a status report with the Court describing the status of the Parties’ efforts to
resolve this matter. The trial date and all other deadlines are hereby vacated.

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DATED this 28th day of June 2019.

A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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STIPULATED MOTION AND ORDER FOR
TEMPORARY STAY OF CASE OF 150 DAYS -4
Case No.: 2:18-cv-00757-RSM

BADGLEY MULLINS TURNER
19929 Ballinger Way NE, Suite 200
Seattle, WA 98155
TEL [phone]
FAX [phone]

PLLC