STIPULATION AND [PROPOSED] ORDER TO STAY PROCEEDINGS PENDING BINDING ARBITRATION

WILLIAM B. SHUBB, District Judge.

Plaintiff Marqus Powe ("Plaintiff") and Defendant Dr Pepper Snapple Group ("Defendant") do hereby agree and stipulate that this action be STAYED with respect to all claims, causes of action, and parties, pending completion of binding arbitration in accordance with the terms of parties' Mutual Arbitration Agreement ("Arbitration Agreement" or "Agreement"), as amended in the form described below:

1. Plaintiff shall submit a claim for arbitration to the American Arbitration Association;

2. Defendant shall cover all costs unique to arbitration, in accordance with the terms' of the parties' Arbitration Agreement;

3. Defendant shall also cover all costs associated with initiating the claim in binding arbitration;

4. Before Plaintiff submits the claim to the American Arbitration Association, the parties will attempt to resolve this matter in private mediation, with the mediator's fee to be split evenly between the parties;

5. All proceedings in this Court shall be and are hereby stayed pending binding arbitration;

6. This Court shall retain jurisdiction over this action pending completion of the arbitration, including for purposes of confirming any potential arbitration award and to enter judgment, if any, as necessary.

IT IS SO STIPULATED.

ORDER

Pursuant to the stipulation of the parties, IT IS ORDERED THAT:

1. The Stipulation of the parties to STAY this case pending binding arbitration is hereby GRANTED;

2. The Scheduling Conference set for December 3, 2018 is hereby vacated;

3. The matter is hereby STAYED pending binding arbitration;

4. This Court shall retain jurisdiction over this matter pending the parties' full and complete participation in binding arbitration, including the power to confirm any potential arbitration award and to enter any judgment, as necessary; and

5. The Clerk is directed to administratively close the file in this action.