Order

Cal. Super. - 6th Dist.October 18, 2018

00 \l O\ M $ Lb) N D-‘ O 0 00 \l Q LII uh b) N H o \oooqo‘mgmw... Mark A. Neubauer (SBN 73728) Meredith M._.Moss (SBN 185357) CARLTON FIELDS JORDEN BURT, LLP 2000 Avenue ofthe Stars, Suite 53ON Los Angeles, CA 90067-4707 Telephone: (310) 843-6300 Facsimile: (3 IO) 843-6301 Email: mneubauer@carltonfields.com Email: mmoss@ carltonfields.com Attorneys forDefendant Einstein Noah - Restaurant Group, Inc. SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF SANTA CLARA JAMES HARTLEY, an individual, Plaintiff, v. EINSTEIN NOAH RESTAURANT GROUP, INC., and DOES l through 25, Defendants. Case N0. :- 18CV336591 STIPULATIONEIIQSEEAY - LITIGATION PENDING ARBIT ION; [PROP ED] ORDER . Assigned to the Honorable Theodore C. Zayner, Dept. 6 Complaint filed: .Octdber '1 8, 2018 Pretrial Conference: Not Set Trial Date: Not "Set STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309737.“ xoooxloxMAwN... NNNNNNNNNHt-Ir-‘r-v-‘r-or-Hr-r-I “\lamngHowmflam-bUJNr-‘O WHEREAS, on or about August 30, 2016, Plaintiff James Hartley (“Plaintiff’) and Defendant Einstein Noah Restaurant Group, Inc. (“Defendant”) entered into a written Arbitration Agreement, a true and correct copy of which is attached hereto as Exhibit 1 (the “Arbitration Agreement”); WHEREAS, on or about October 18, 2018, Plaintiff filed his Complaint against Defendant in the above-captioned matter (the “Action”); _ WHEREAS, Plaintiff and Defendant agree that all of the claims alleged in the Complaint in the Action are subj ect to the Arbitration Agreement; THEREFORE, PLAINTIFF AND DEFENDANT HEREBY STIPULATE, BY AND THROUGH THEIR ATTORNEYS OF RECORD, AS FOLLOWS: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out of or relating to any aspect of Plaintiff’s employment with Defendant, or the termination of-that employment relationship, shall be ordered to individual arbitration, to be conducted in accordance with the terms and conditions of the Arbitration Agreement; 2. This Action shall be stayed pending resolution of the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. The Court shall retain jurisdiction over this Action for purposes of continuing and enforcing the arbitration award; and 4. A post-arbitration status conference should be held after July 3 1, 2019 on an available date on the Court’s calendar. Dated: January 4, 2019 GOULD & ASSOCIATES \/\/\/\“ MICHAEL A. GOULD Attorneys for Plaintiff JAMES HARTLEY l STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION I [6309787.vl MQOM-PWNr-‘OWOOQO‘lel-BUJNHO \oooqoxmAwNH Dated: January 7, 2019 / CARLTON FIELDS JORDEN BURT, LLP By fl/Mc )flW/M/MM A. NEE BAUER Attorneysmfor Defend t, EINSTEIN NOAH RESTAURANT GROUP, INC. 2 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.vl \oooxloxmAwNH N IQ N N ?\J N N N {\J r--4 >-- r-t H p-A H H >-- H t-I m N ON L11 h U3 N )-‘ O \O 0° \I ON kl} Q U) N H O ORDER The Stipulation of the parties having been considered and good cause appearing therefor, IT IS HEREBY ORDERED: 1. The Complaint, and all claims and defenses between Plaintiff and Defendant arising out of or relating to any aspect of Plaintiffs employment with Defendant, or the termination of that employment relationship, shall be ordered to individual arbitration, t0 be conducted in accordance with the terms and conditions of the Arbitration Agreement; 2. This Action shall be steyed pending resolution 0f the arbitration, unless the case is earlier resolved by voluntary dismissal; 3. This Court shall retain jurisdiction over this Action for fiurposes of confirming and enforcing the arbitration award; and 4. A-pest-arbitration status conference ls set for I $0 t_QE) _.m. in Department 3w DATED: JAN 2 s 2mg WM JUDGE OF THE SUPERIOR COURT Mark H. Pierce 1 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION l 163 09787.v1 \OOOflQUl-PUJNH NNNNNNNNMHHHr-‘b-Ar-tp-‘HHH OOQQUl-hWNwowocqom-hWNP-‘O PROOF OF SERVICE i F.R.C.P. 5 /C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 I am a resident of, or employed in, the County of Los Angelés. I am over the age of I8 and not a party t0 this action. My business address is: Carlton Fields Jorden Burt, LLP, 2000 Avenue of the Stars, Suite.530N, Los Angeles, California 90067-4707. On January 7, 2019, I served the following listed document(s), by method indicated below, on the parties in this action: ' STIPULATION To STAY LITIGATION PENDING ARBITRATION; [PROPOSED] ORDER SEE ATTACHED SER VICE LIST E BY U.S. MAIL E BY ELECTRONIC SERVICE via By placing D the original I E a true copy thereof enclosed in a electronic filing service provider One Legai sealed envelope(s), with postage fully prepaid, addressed as per By electronically transmitting the document(s) listed the attached service list, for collection and mailing 2000 Ave of above‘to One Legal, an electronic filing service the Stars, Suite 530N, Los Angeles, CA 90067, following provider. 'I‘o my knowledge, the transmission was ordinary business practices. I am readily familiar with Carlton reported as complete and without error. See Cal. R. Fields Jordan Burt, LLP’s practice for collection and processing Ct. R. 2.253, 2.255, 2.260. of documents for mailing. Under that practice, the document is deposited with the United States Postal Service 0n the same day as it is collected and processed for mailing in the ordinary course ofbusiness. I declare under penalty of perjury under the laws of the State of California and the United States 0f America that the above is true and correct. Executed 0n January 7, 2019 at Los Angeles, California. MafiaRodm {Oiiiiifl " Type 0r Print Name Signattir'e STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.v1 \OOOQQUIALQNH NNNNNNNNHHHHHHHHb-Ar-d \lolfl-fiWNHoomqom-bwwi-‘O Ix.) 00 Michael A. Gould, Esq. Aarin A. Zeif, Esq. Gould & Associates 17822 E. 17th Street, Suite 106 Tustin, California 92780 Telephone: (714) 669-2850 Facsimile: (714) 544-0800 Michael@wageandhourlaw.com Aarin@wageandhourlaw.com SERVICE LIST Attorneys ‘for Plaintiff James Hartley STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.“