Filed: Feb. 10, 2017
Latest Update: Feb. 10, 2017
Summary: STIPULATION AND ORDER TO STAY ACTION AS TO DEFENDANT TRC HOLDINGS, INC. MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff ENRIQUE ALVAREZ ZARDAIN ("Plaintiff") and Defendant TRC HOLDINGS, INC. ("TRC") (collectively, the "Parties"), by and through their attorneys of record, hereby stipulate and agree as follows: RECITALS A. On or about June 4, 2015, Plaintiff filed his Complaint (the "Complaint") in this action against Defendants IPACPA US, Inc. ("IPACPA") and TRC. IPACPA has not appe
Summary: STIPULATION AND ORDER TO STAY ACTION AS TO DEFENDANT TRC HOLDINGS, INC. MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff ENRIQUE ALVAREZ ZARDAIN ("Plaintiff") and Defendant TRC HOLDINGS, INC. ("TRC") (collectively, the "Parties"), by and through their attorneys of record, hereby stipulate and agree as follows: RECITALS A. On or about June 4, 2015, Plaintiff filed his Complaint (the "Complaint") in this action against Defendants IPACPA US, Inc. ("IPACPA") and TRC. IPACPA has not appea..
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STIPULATION AND ORDER TO STAY ACTION AS TO DEFENDANT TRC HOLDINGS, INC.
MORRISON C. ENGLAND, Jr., District Judge.
Plaintiff ENRIQUE ALVAREZ ZARDAIN ("Plaintiff") and Defendant TRC HOLDINGS, INC. ("TRC") (collectively, the "Parties"), by and through their attorneys of record, hereby stipulate and agree as follows:
RECITALS
A. On or about June 4, 2015, Plaintiff filed his Complaint (the "Complaint") in this action against Defendants IPACPA US, Inc. ("IPACPA") and TRC. IPACPA has not appeared in this action.
B. On or about December 22, 2016, the Parties reached agreement on the terms of a settlement for purposes of resolving Plaintiff's claims against TRC, which were memorialized in a settlement agreement (the "Settlement Agreement").
C. Pending TRC's performance under the Settlement Agreement, the Parties wish to stay this action as to all claims asserted by Plaintiff against TRC, in order to avoid the time and costs associated with unnecessary litigation.
E. This Stipulation is limited to Plaintiff's claims against TRC and has no bearing on Plaintiff's claims against IPACPA. TRC agrees that it shall not oppose any actions taken by Plaintiff to pursue his claims against IPACPA, despite any prior activity by TRC in this action.
STIPULATION
THEREFORE, it is hereby stipulated, by and between the Parties, through their designated counsel, that:
1. All further proceedings in this action, as they relate to all claims asserted by Plaintiff against TRC in the Complaint, shall be stayed until July 31, 2019; unless sooner dismissed by the Parties hereto.
2. All deadlines and requirements associated with Plaintiff's claims against TRC in this action, whether pursuant to the Federal Rules of Civil Procedure, Local Rules, or this Court's Pretrial Scheduling Order entered on October 19, 2015, shall be continued until after the expiration of the stay sought herein.
3. The Parties expressly preserve all claims, defenses, objections, or legal arguments they have or may have in the above-entitled action. This Stipulation and the stay sought herein shall not affect or impact the Parties' claims, defenses, objections, or arguments.
4. The Parties agree to the tolling of any statute, rule, or court order requiring timely prosecution of this action.
IT IS SO STIPULATED.
ORDER
IT IS SO ORDERED.
