STIPULATION AND ORDER TO STAY SETTLEMENT CONFERENCE PENDING A RULING ON DEFENDANT'S MOTION TO DISMISS

CAROLYN K. DELANEY, Magistrate Judge.

Plaintiff SIBOU PHOMTHEVY ("Plaintiff") and Defendant WINCO HOLDINGS, INC. ("Defendant") (collectively, the "Parties"), pursuant to Eastern District Local Rules 143 and 144, stipulate and agree that good cause exists to stay the Court's settlement conference pending a ruling on Defendant's Motion to Dismiss:

WHEREAS, Defendant filed a Motion to Dismiss under Federal Rules of Civil Procedure 12(b)(6) on August 7, 2019, which would dispose of the entire action;

WHEREAS, the Parties have engaged in extensive meet and confer efforts and motion practice since Defendant removed the action to this Court;

WHEREAS, the Court's ruling on Defendant's Motion to Dismiss will impact the claims at issue in the litigation and will impact the scope of discovery and scheduling of discovery and motions;

WHEREAS, absent a ruling on the Motion to Dismiss, the parties will be unable to participate in a productive settlement conference;

WHEREAS, the Parties believe that a stay pending a ruling on Defendant's Motion to Dismiss will secure the just, speedy, and inexpensive determination of this action by allowing the Court to resolve fundamental legal questions before the Parties undertake the time and expense of engaging in a settlement conference;

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

ORDER

PURSUANT TO STIPULATION, AND GOOD CAUSE APPEARING, IT IS SO ORDERED that the settlement conference set for January 21, 2020 is VACATED pending a ruling on Defendant's Motion to Dismiss. The Court will reschedule a settlement conference after the Motion to Dismiss is ruled upon and the parties have had an opportunity to conduct discovery.