STIPULATION AND [PROPOSED] ORDER REGARDING SEQUENCING OF MANDATORY SETTLEMENT CONFERENCE

JOSEPH C. SPERO, District Judge.

STIPULATION

Plaintiff Marco B. Heyward ("Plaintiff') and Defendants 24 Hour Fitness USA, Inc. and Tyler Eklund ("Defendants") hereby jointly propose and submit the following Stipulation for the Court's consideration:

WHEREAS, on March 30, 2016, Defendants filed a Motion to Dismiss, Or, In the Alternative, Compel Arbitration and Stay Litigation ("Motion"), which is currently scheduled for hearing on June 24, 2016;

WHEREAS, per the Local Rules, Plaintiff and Defendants jointly selected a mandatory settlement conference before a magistrate judge ("MSC") as its preferred ADR method;

WHEREAS, Tamara Lange, the Court's ADR Program Staff Attorney, recommended that the MSC occur prior to the hearing on Defendants' Motion;

WHEREAS, Plaintiff requested that MSC occur prior to the hearing on Defendants' Motion; and

WHEREAS, Defendants do not want their agreement to participate, or participation, in an MSC to be perceived as, or considered to be, conduct inconsistent with their intent to pursue arbitration or an express or implied waiver of their right to arbitration.

NOW THEREFORE, the Parties, hereby STIPULATE and AGREE as follows:

1. Defendants' agreement to participate, and/or participation, in an MSC prior to the hearing on Defendants' Motion will not constitute conduct inconsistent with Defendants' intent to pursue arbitration;

2. Defendants' agreement to participate, and/or participation, in an MSC prior to the hearing on Defendants' Motion will not operate as a waiver, in whole or part, of any right to arbitration Defendants may possess; and

3. Plaintiff has not and will not suffer any prejudice if the MSC occurs prior to the hearing on Defendants' Motion.

Pursuant to Local Rule 5.1(i)(3) the undersigned attests that concurrence in the filing of the document has been obtained from each of the signatories.

[PROPOSED] ORDER

Pursuant to Stipulation, IT IS SO ORDERED.