JOINT STIPULATION AND ORDER TO TAKE THE HEARING ON DEFENDANT'S MOTION TO COMPEL ARBITRATION OF PLAINTIFF'S INDIVIDUAL CLAIMS, DISMISS THE CLASS CLAIMS, AND, TO STAY THE PAGA CLAIMS OFF CALENDAR, CONTINUE CASE MANAGEMENT CONFERENCE AND DEADLINE TO FILE RULE 26(F) REPORT AND INITIAL DISCLOSURES, AND STAY DISCOVERY WHILE THE PARTIES PROCEED TO MEDIATION

NATHANAEL COUSINS, Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED by and between Defendant LANE BRYANT, INC. ("Defendant") and Plaintiff WHITNEY HATCHER ("Plaintiff") (collectively, the "Parties"), by and through their respective counsel of record as follows:

WHEREAS, on April 26, 2016, this Court issued an Order Setting Initial Case Management Conference and ADR Deadlines ("Order"). That Order set the deadline for the Parties to file their Rule 26(f) Report and complete initial disclosures for July 20, 2016 and set a Case Management Conference for July 27, 2016 at 10:00 a.m.;

WHEREAS, on June 1, 2016, Defendant filed its Motion to Compel Arbitration of Plaintiff's Individual Claims, Dismiss the Class Claims, and, To Stay the PAGA Claims ("Motion to Compel");

WHEREAS, on June 16, 2016, Plaintiff filed her Opposition to Defendant's Motion to Compel;

WHEREAS, on June 22, 2016, Defendant filed its Reply in support of its Motion to Compel;

WHEREAS, the hearing on Defendant's Motion to Compel is set for July 27, 2016 at 1:00 p.m.;

WHEREAS, on or around June 30, 2016, the Parties met and conferred as required by the Court's Order regarding initial disclosures, early settlement, ADR process selection, and discovery plan;

WHEREAS, the Parties have agreed to exchange informal discovery and participate in private mediation at the earliest mutually available date for both Parties and the mediator, but no later than December 31, 2016;

WHEREAS, the Parties have agreed to take the hearing on Defendant's Motion to Compel off calendar and continue the Initial Case Management Conference pending completion of mediation;

WHEREAS, the Parties request that the Court schedule the Initial Case Management Conference to take place after completion of the mediation, and the Court at that time set a new hearing date for the Motion to Compel;

WHEREAS, the Parties request that the Court continue the deadline to file the Rule 26(f) Report and complete initial disclosures until after mediation is completed; and

WHEREAS, the Parties further agree to a stay of all formal discovery pending mediation.

IT IS SO STIPULATED.

ATTESTATION

I, Melinda Riechert, am the ECF user whose identification and password are being used to file this Stipulation and [Proposed] Order to Take Defendant's Motion to Compel Hearing Off Calendar, Continue CMC and Deadline to File Rule 26(F) Report and Initial Disclosures, and Stay Discovery. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that Michael W. Parks concurs in this filing.

ORDER

Having read and considered the Parties' Stipulation to take the hearing on Defendant's Motion to Compel Arbitration of Plaintiff's Individual Claims, Dismiss the Class Claims, and, To Stay the PAGA Claims ("Motion to Compel") off calendar, continue the Initial Case Management Conference and deadline to file the Rule 26(f) Report and complete initial disclosures, and stay discovery, and for good cause shown, the Stipulation is approved. The Court hereby orders as follows:

1. The Parties' Stipulation is GRANTED;

2. The hearing on Defendant's Motion to Compel is taken off calendar pending completion of the private mediation;

3. The Initial Case Management Conference is continued until January 18, 2017;

4. The deadline to file the Rule 26(f) Report and complete initial disclosures is continued until after the completion of the mediation;

5. The Parties shall promptly advise the Court whether mediation was successful;

6. Should mediation not be successful, the Court will set a new date for the Initial Case Management Conference and deadlines for the Parties to file the Rule 26(f) Report and complete initial disclosures;

7. At the continued Initial Case Management Conference, the Court will set a new date for the hearing on Defendant's Motion to Compel; and

8. All discovery in this matter is stayed pending mediation.

PURSUANT TO STIPULATION, IT IS SO ORDERED.