Filed: Jan. 05, 2017
Latest Update: Jan. 05, 2017
Summary: STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DEADLINE TO RESPOND TO THE COMPLAINT PENDING RESOLUTION OF MOTION TO COMPEL ARBITRATION HAYWOOD S. GILLIAM, Jr. , District Judge . STIPULATION Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Randall Holl and Defendant United Parcel Service, Inc. ("UPS"), by and through their undersigned counsel, stipulate as follows: WHEREAS, Plaintiff filed the Complaint in this action on October 11, 2016, and served UPS with the Complaint
Summary: STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DEADLINE TO RESPOND TO THE COMPLAINT PENDING RESOLUTION OF MOTION TO COMPEL ARBITRATION HAYWOOD S. GILLIAM, Jr. , District Judge . STIPULATION Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Randall Holl and Defendant United Parcel Service, Inc. ("UPS"), by and through their undersigned counsel, stipulate as follows: WHEREAS, Plaintiff filed the Complaint in this action on October 11, 2016, and served UPS with the Complaint ..
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STIPULATION AND[PROPOSED] ORDER STAYING DISCOVERY AND DEADLINE TO RESPOND TO THE COMPLAINT PENDING RESOLUTION OF MOTION TO COMPEL ARBITRATION
HAYWOOD S. GILLIAM, Jr., District Judge.
STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Randall Holl and Defendant United Parcel Service, Inc. ("UPS"), by and through their undersigned counsel, stipulate as follows:
WHEREAS, Plaintiff filed the Complaint in this action on October 11, 2016, and served UPS with the Complaint on October 20, 2016;
WHEREAS, on November 4, 2016, the parties stipulated and agreed to extend UPS's deadline to respond to the Complaint until December 19, 2016;
WHEREAS, Plaintiff has served early requests for production of documents under Rules 26 and 34 of the Federal Rules of Civil Procedure;
WHEREAS, UPS intends on December 19, 2016 to file a motion to compel arbitration of all claims alleged in the Complaint and stay the proceedings pending arbitration of this matter;
WHEREAS, the parties have met and conferred, and agree that:
1. All discovery in this action shall be stayed pending resolution of UPS's motion to compel arbitration by the district court;
2. UPS's time to serve a responsive pleading under Rule 12 of the Federal Rules of Civil Procedure shall be stayed pending resolution of UPS's motion to compel arbitration by the district court; and
3. The parties' deadlines to file an ADR Certification and a Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be stayed pending resolution of UPS's motion to compel arbitration by the district court;
WHEREAS, this agreement is without prejudice to Plaintiff's right to oppose UPS's motion to compel arbitration on any and all grounds, and without prejudice to Plaintiff's right to oppose a further stay in the event that UPS's motion to compel arbitration is denied by the district court.
THEREFORE, IT IS HEREBY AGREED AND STIPULATED, that (1) all discovery in this action shall be stayed pending resolution of UPS's motion to compel arbitration by the district court; (2) UPS's deadline to respond to the Complaint shall be stayed pending resolution of UPS's motion to compel arbitration by the district court; and (3) the parties' deadlines to file an ADR Certification and a Stipulation to ADR Process or Notice of Need for ADR Phone Conference shall be stayed pending resolution of UPS's motion to compel arbitration by the district court.
ECF ATTESTATION
I, Stacey M. Sprenkel, am the ECF User whose ID and password are being used to file this STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DEADLINE TO RESPOND TO THE COMPLAINT PENDING RESOLUTION OF MOTION TO COMPEL ARBITRATION. In accordance with Civil Local Rule 5-1, concurrence in the filing of this document has been obtained from Kai Richter, counsel for Plaintiff, and I shall maintain records to support this concurrence for subsequent production for the Court if so ordered or for inspection upon request by a party.
[PROPOSED]ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
