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SAILES v. MULTI-CHEM GROUP, LLC, 1:14-CV-01363. (2015)

Court: District Court, E.D. California Number: infdco20150109495 Visitors: 9
Filed: Jan. 08, 2015
Latest Update: Jan. 08, 2015
Summary: STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING MEDIATION AND BINDING ARBITRATION RECITALS (Doc. 10) JENNIFER L. THURSTON, Magistrate Judge. RECITALS Defendants Multi-Chem Group, LLC and Halliburton Energy Services, Inc. (collectively, "Defendants") filed a Motion to Compel Arbitration pursuant to the Halliburton Company Dispute Resolution Process ("Halliburton DRP"). In lieu of opposing Defendants' Motion to Compel Arbitration, Plaintiff Denise Sailes ("Plaintiff")
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STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING MEDIATION AND BINDING ARBITRATION RECITALS

(Doc. 10)

JENNIFER L. THURSTON, Magistrate Judge.

RECITALS

Defendants Multi-Chem Group, LLC and Halliburton Energy Services, Inc. (collectively, "Defendants") filed a Motion to Compel Arbitration pursuant to the Halliburton Company Dispute Resolution Process ("Halliburton DRP").

In lieu of opposing Defendants' Motion to Compel Arbitration, Plaintiff Denise Sailes ("Plaintiff") agrees to submit all of her claims in Case No. 1:14-cv-01363 ("Litigation") to mediation pursuant to the Halliburton DRP. If mediation does not resolve the Litigation, Plaintiff further agrees to submit all of her claims in this Litigation to binding arbitration pursuant to the Halliburton DRP.

The Parties agree that proceedings in this Court shall be stayed pending the completion of the mediation and if necessary, binding arbitration. The Parties further agree that this Court shall retain jurisdiction to confirm the arbitration award, if any, and to enter judgment, if any, for the purposes of enforcement.

STIPULATION

Defendants, by and through their counsel of record, Michael S. Helsley, of the law firm Wanger Jones Helsley PC, and Plaintiff, by and through her counsel Randall Rumph, hereby stipulate as follows:

1. The Parties will attend mediation pursuant to the Halliburton Company

Dispute Resolution Program;

2. All of Plaintiff's claims in this Litigation will be submitted to mediation;

3. If mediation does not resolve this Litigation, the Parties will attend binding arbitration pursuant to the Halliburton Company Dispute Resolution Program;

4. If mediation does not resolve this Litigation, all of Plaintiff's claims in this Litigation shall be submitted to binding arbitration pursuant to the Halliburton Company Dispute Resolution Process;

5. All proceedings in this Court shall be stayed to allow the completion of mediation and if necessary, binding arbitration; and

6. The Court shall retain jurisdiction to confirm the arbitration award, if any, and enter judgment, if any, for the purposes of enforcement.

IT IS SO STIPULATED.

ORDER

1. The stipulation of the parties to remand this matter to arbitration is GRANTED;

2. The matter is STAYED1 to allow the completion of the arbitration; and

3. Every 120 days and no later than 30 days after the issuance of the arbitrator's decision, counsel SHALL file a joint status report; and

4. The Court retains jurisdiction to confirm the arbitration award and enter judgment for the purpose of enforcement.

IT IS SO ORDERED.

FootNotes


1. The FAA provides, "If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement . . ." 9 U.S.C § 3.
Source:  Leagle

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