Filed: Jan. 14, 2019
Latest Update: Jan. 14, 2019
Summary: JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION AND [PROPOSED] ORDER (Doc. 24) JENNIFER L. THURSTON , Magistrate Judge . JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION Pursuant to Local Rule 143, Plaintiff Mastronardi International Limited ("MIL") and Defendant SunSelect California (Produce), Inc. ("SunSelect;" together, with MIL, the "Parties"), hereby respectfully submit this Joint Stipulation and Request to Continue All D
Summary: JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION AND [PROPOSED] ORDER (Doc. 24) JENNIFER L. THURSTON , Magistrate Judge . JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION Pursuant to Local Rule 143, Plaintiff Mastronardi International Limited ("MIL") and Defendant SunSelect California (Produce), Inc. ("SunSelect;" together, with MIL, the "Parties"), hereby respectfully submit this Joint Stipulation and Request to Continue All De..
More
JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION AND [PROPOSED] ORDER
(Doc. 24)
JENNIFER L. THURSTON, Magistrate Judge.
JOINT STIPULATION AND REQUEST TO CONTINUE ALL DEADLINES PENDING MEDIATION
Pursuant to Local Rule 143, Plaintiff Mastronardi International Limited ("MIL") and Defendant SunSelect California (Produce), Inc. ("SunSelect;" together, with MIL, the "Parties"), hereby respectfully submit this Joint Stipulation and Request to Continue All Deadlines Pending Mediation; and [Proposed] Order ("Stipulation"). The Parties jointly request that the Court enter the following Proposed Order, for the following reasons:
WHEREAS, MIL filed its complaint against SunSelect on May 30, 2018 (D.E. 1);
WHEREAS, SunSelect was served on June 4, 2018 (D.E. 6);
WHEREAS SunSelect filed counterclaims against MIL on November 2, 2018 (D.E. 20)
WHEREAS, the MIL filed a Motion to Dismiss the counterclaims of SunSelect on November 28, 2018 (D.E. 21);
WHEREAS, SunSelect's response to MIL's Motion to Dismiss SunSelect's Counterclaims would be due on January 14, 2019, and a hearing on the motion is scheduled for January 28, 2019;
WHEREAS, in an effort to avoid the expense of further pleadings and motion practice and the other expenses concomitant with this litigation, the Parties have agreed to undergo mediation within the next sixty days;
WHEREAS, the Parties anticipate and intend that, by way of the mediation proceeding, they will make all practicable efforts in good faith to arrive at a global settlement of all pending actions between the parties;
WHEREAS, Local Rule 271(a)(3) encourages the Parties to attempt mediation, specifically including private mediation outside of the court's official ADR program.
WHEREAS, the Parties believe it is in the Court's and the Parties' best interest—and no Party claims prejudice hereby—to continue all deadlines until the Parties have undergone mediation.
NOW, THEREFORE, the Parties hereby agree and stipulate as follows:
1. All deadlines in this action, including, but not limited to, SunSelect's deadline to respond to the MIL Motion to Dismiss SunSelect's Counterclaims (D.E. 21) are continued for ninety (90) days to allow for good faith private mediation;
2. On or before April 11, 2019, the Parties will file a joint status report informing the Court as to the status of the parties' mediation and settlement efforts (e.g., whether the matter is settled and/or the appropriate next steps in this action); and,
3. The Court will set further deadlines based on the Parties' April joint status report.
ATTESTATION REGARDING SIGNATURES
I, COLIN T. KEMP, attest that all signatories listed, and on whose behalf the filing is submitted, concur in the filing's content and have authorized the filing.
Date: January 11, 2019 /s/Colin T. Kemp
COLIN T. KEMP
ORDER STAYING THE ACTION
Pursuant to the Parties' joint stipulation, the Court ORDERS:
1. The action is STAYED. Within ten days of the completion of the mediation session, the parties SHALL file a joint status report detailing the results of the mediation and whether the stay should be lifted.
IT IS SO ORDERED.
