Filed: Oct. 11, 2016
Latest Update: Oct. 11, 2016
Summary: STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION JOHN A. MENDEZ , District Judge . STIPULATION AND [PROPOSED] ORDER Plaintiffs Sandy Bell, Martin Gama, and Michael Henry and defendant Home Depot U.S.A., Inc., hereby enter into this stipulation based on the following facts and circumstances: 1. On September 12, 2016, the Court issued an order consolidating Bell v. Home Depot U.S.A., Inc., No. 2:12-cv-024099-JAM-CKD and Henry v. Home Depot U.S.A., Inc., No. 2:16-CV-02
Summary: STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION JOHN A. MENDEZ , District Judge . STIPULATION AND [PROPOSED] ORDER Plaintiffs Sandy Bell, Martin Gama, and Michael Henry and defendant Home Depot U.S.A., Inc., hereby enter into this stipulation based on the following facts and circumstances: 1. On September 12, 2016, the Court issued an order consolidating Bell v. Home Depot U.S.A., Inc., No. 2:12-cv-024099-JAM-CKD and Henry v. Home Depot U.S.A., Inc., No. 2:16-CV-021..
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STIPULATION AND ORDER TO TEMPORARILY STAY ACTION PENDING MEDIATION
JOHN A. MENDEZ, District Judge.
STIPULATION AND [PROPOSED] ORDER
Plaintiffs Sandy Bell, Martin Gama, and Michael Henry and defendant Home Depot U.S.A., Inc., hereby enter into this stipulation based on the following facts and circumstances:
1. On September 12, 2016, the Court issued an order consolidating Bell v. Home Depot U.S.A., Inc., No. 2:12-cv-024099-JAM-CKD and Henry v. Home Depot U.S.A., Inc., No. 2:16-CV-02102-MCE-AC, before Judge John A. Mendez and setting the following dates relating to class notice:
a. October 3, 2016 — Deadline for parties to lodge proposed class notice;
b. October 10, 2016 — Deadline for parties to submit competing versions of class notice if parties cannot agree on content of class notice;
c. October 17, 2016 — Deadline for defendant to send class list to class counsel;
d. October 24, 2016 — Deadline for Court to approve class notice;
e. November 14, 2016 — Deadline for class notice to be mailed to class members.
2. The parties have agreed to participate in mediation to explore resolving the case without the time and expense of further discovery and litigation. To this end, the parties have scheduled a mediation for January 18, 2017 with mediator David Rotman.
3. In order to provide the parties with adequate time to mediate the claims and facilitate resolution of this matter without the expenditure of additional time and resources on discovery and motion practice, the parties agree that the Court should temporarily stay the action. See, e.g., Arrival Star, S.A. v. Blue Sky Network, LLC, No. CV 11-4480 SBA, 2012 WL 588806, at *1-2 (N.D. Cal. Feb. 22, 2012) (action stayed pending mediation to avoid needless discovery expense and promote judicial economy); Maxon v. Jefferson Pilot Securities Corp., No. C 01-02668 CRB, 2002 WL 523575, at *1-2 (N.D. Cal. Apr. 2, 2002) (same).
4. The parties further stipulate that neither party will be prejudiced by the stay, and that no arguments regarding timeliness, or delay can be made as a result of the stay.
5. The parties therefore stipulate and agree as follows:
1. That the present action should be stayed until January 18, 2017;
2. That the deadlines set forth in the Court's September 12, 2016 Scheduling Order be vacated;
3. That the Court schedule a Case Management Conference for February 20, 2017, or an available date thereafter, at which time Court will set new deadlines for class notice and further case management if the case has not resolved.
IT IS SO STIPULATED.
GOOD CAUSE SHOWING, IT IS HEREBY ORDERED THAT:
1. The present action is hereby stayed until January 18, 2017;
2. The deadlines set forth in the Court's September 12, 2016 Scheduling Order are vacated;
3. The parties will file a joint status conference statement by January 25, 2017 informing the Court of the outcome of mediation.
