STIPULATION AND ORDER TO STAY MATTER PENDING MEDIATION

KIMBERLY J. MUELLER, District Judge.

Pursuant to the Court's Minutes from the March 8, 2019, Status (Pretrial Scheduling Conference) Plaintiff SHANTA DECKER ("Plaintiff") and Defendants ALLSTATES CONSULTING SERVICES, LLC, a Delaware limited liability company and FUSION TECHNICAL SOLUTIONS, LLC, a Texas limited liability company (collectively "Allstates") and Defendants MIDWEST COMMUNICATIONS TECHNOLOGIES, INC., successor of TELDATA CORPORATION, dba BLACK BOX NETWORK SERVICES; BLACK BOX CORPORATION OF PENNSYLVANIA; NORSTAN COMMUNICATIONS, INC. (sole member of NEXTIRA ONE, LLC, successor of BLACK BOX NETWORK SERVICES, INC., a California corporation) and incorrectly named as BLACK BOX GLOBAL NETWORK SERVICES, (collectively ("BBox entities") (collectively the "Parties"), were to file, within 45 days, either a proposed resolution or a stipulation and proposed schedule for moving the case forward.

The Parties have met and conferred and stipulate as following:

WHEREAS, the Parties seek a stay of this matter to attend mediation;

WHEREAS, the Parties are in the process of selecting a mediator and scheduling a mediation and intend to complete the mediation process within 180 days;

WHEREAS, if the mediation is unsuccessful, the Parties will notify the Court promptly by filing a Joint Status Report within 14 days of a failed mediation;

WHEREAS, Plaintiff has agreed that if this matter does not resolve, she will stipulate to arbitration of her individual claims with Allstates and the BBox entities; and

WHEREAS, the Parties at this time disagree whether Plaintiff's Private Attorney General Act ("PAGA") claims will be subject to a stay while her individual claims proceed to arbitration if the mediation is unsuccessful. The Parties seeking to stay the PAGA claims will file their moving papers seeking a stay also within 14 days of a failed mediation.

THEREFORE, the Parties stipulate and agree, subject to the Court's approval, to stay all proceedings and formal discovery in this matter for 180 days or until the Parties have had the opportunity to participate in mediation, whichever is earlier. If mediation is unsuccessful, the Parties will file a Joint Status Report within 14 days of the failed mediation. If mediation is unsuccessful, Plaintiff will proceed with her individual claims in final and binding arbitration. If mediation is unsuccessful, the Parties seeking to stay Plaintiff's PAGA claims, will file moving papers also within 14 days of a failed mediation. This stipulation will promote judicial economy and is in the interests of the Parties and the Court.

IT IS SO STIPULATED.

ORDER

Pursuant to the foregoing Stipulation, IT IS ORDERED that the matter is STAYED for 180 days and/or until the Parties have participated in mediation, whichever is earlier. If mediation is unsuccessful: (1) Plaintiff's individual claims will be subject to binding and final arbitration; (2) the Parties will file a Joint Status Report within 14 days of a failed mediation; and (3) to the extent any Party seeks to stay Plaintiff's PAGA claims, that Party(ies) will file moving papers with 14 days of a failed mediation.

IT IS SO ORDERED.