Filed: Feb. 15, 2018
Latest Update: Feb. 15, 2018
Summary: JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE RESOLUTION & ORDER JENNIFER L. THURSTON , Magistrate Judge . TO THE COURT AND THE CLERK OF COURT, PLEASE TAKE NOTICE THAT Pursuant to Local Rule 143, Plaintiffs Donnie Cummings and Charles Beaty (collectively, "Plaintiffs"), and Defendants Cenergy International Services, LLC ("Defendant") (together with Plaintiffs, the "Parties"), jointly file this stipulation and proposed order regarding private alternative dispute resolution: W
Summary: JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE RESOLUTION & ORDER JENNIFER L. THURSTON , Magistrate Judge . TO THE COURT AND THE CLERK OF COURT, PLEASE TAKE NOTICE THAT Pursuant to Local Rule 143, Plaintiffs Donnie Cummings and Charles Beaty (collectively, "Plaintiffs"), and Defendants Cenergy International Services, LLC ("Defendant") (together with Plaintiffs, the "Parties"), jointly file this stipulation and proposed order regarding private alternative dispute resolution: WH..
More
JOINT STIPULATION TO STAY ACTION PENDING ALTERNATIVE DISPUTE RESOLUTION & ORDER
JENNIFER L. THURSTON, Magistrate Judge.
TO THE COURT AND THE CLERK OF COURT, PLEASE TAKE NOTICE THAT Pursuant to Local Rule 143, Plaintiffs Donnie Cummings and Charles Beaty (collectively, "Plaintiffs"), and Defendants Cenergy International Services, LLC ("Defendant") (together with Plaintiffs, the "Parties"), jointly file this stipulation and proposed order regarding private alternative dispute resolution:
WHEREAS, the Parties have agreed to mediate the instant dispute on March 20, 2018;
WHEREAS, the Parties have agreed that this action and all proceedings connected with the McQueen v. Chevron, No. 4:16-cv-02089-JSW (N.D. Cal.) litigation shall be stayed in their entirety pending mediation; and
WHEREAS, the Parties agree to seek a stay in all venues1, including this matter, in arbitration, and in the McQueen federal court action; and
WHEREAS, a stay has been entered pursuant to the parties' requests in the McQueen v. Chevron action and the Cummings v. Chevron arbitration; and
WHEREAS, the Parties agree that any party may request a lift of the stay at any time, provided that the request is made in all venues; and
WHEREAS, any proposal by one of the Parties to lift the stay in this matter shall include a proposal to reset all currently pending dates, including but not limited to, a date for a mid-discovery conference, and for the close of discovery.
NOW THEREFORE, the Parties hereby stipulate that:
1. The Parties are currently scheduled for a mediation on March 20, 2018;
2. All matters and deadlines in all venues in this case shall be stayed in their entirety and the Court shall take no further action in this matter until further notice from the parties;
3. The parties will provide a status report to this Court within 5 days of the completion
4. Any party may request a lift of the stay at any time, provided that the request is made in all venues and any proposal to lift the stay in this matter includes a proposal to reset all currently pending dates, including but not limited to, a date for a middiscovery conference, and for the close of discovery.
IT IS SO STIPULATED.
ORDERD
Based upon the stipulation of the parties, the Court ORDERS:
1. The action is STAYED;
2. Within five days of the completion of the mediation, but not later than March 30, 2018, and every 30 days thereafter, the parties SHALL file a joint status report detailing the progress of settlement efforts and whether the stay should be lifted.
IT IS SO ORDERED.
