Stipulation and Order

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

1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Mark A. Neubauer (SBN 73728) Meredith M. Moss (SBN 185357) CARLTON FIELDS JORDEN BURT, LLP 2000 Avenue of the Stars, Suite 530N Los Angeles, CA 90067-4707 Telephone: (310) 843-6300 Facsimile: (310) 843-6301 Email: mneubauer@carltonfields.com Email: mmoss@ carltonfields.com Attorneys for Defendant Einstein Noah Restaurant Group, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA ~ JAMES HARTLEY, an individual, Plaintiff, v. EINSTEIN NOAH RESTAURANT GROUP, INC., and DOES 1 through 25, Case No.: 18CV336591 Defendants. STIPULATION TO STAY LITIGATION PENDING ARBITRATION; [PROPOSED] ORDER Assigned to the Honorable Theodore C. Zayner, Dept. 6 Complaint filed: October 18, 2018 Pretrial Con::erence: Not Set Trial Date: Not Set STIPULATION AND [PROPOSED] ORDER TO STAY LITIGA'CION PENDING ARBITRATION 1 1 63 09787.v1 Electronically Filed by Superior Court of CA, County of Santa Clara, on 1/7/2019 9:10 AM Reviewed By: A. Barnard Case #18CV336591 Envelope: 2343688 \OOOQQUI-hUJNv-A NNNNNNNNNh-‘r-Ar-Ar-dwr-dh-tr-at-dr-A OONQM-DWNHOGOOQQUl-bWNF-‘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 0f which is attached hereto as Exhibit 1 (the “Arbitration Agreement”); WHEREAS, on 0r 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 0f or relating to any aspect 0f Plaintiff’s employment with Defendant, 0r the termination of that employment relationship, shall be ordered t0 individual arbitration, t0 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 confirming and enforcing the arbitration award; and 4. A post-arbitration status conference should be held after July 3 1, 2019 on an available date 0n the Court’s calendar. Dated: January 4, 2019 GOULD & ASSOCIATES /\ Nflmw/ By: \ MICHAEL A. GOULD Attorneys for Plaintiff JAMES HARTLEY 1 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION ll6309787.vl 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: January 7, 2019 CARLTON FIELi~S JORDEN BURT, LLP Y M RK A. NE BAUER Attorneys for Def~;nd nt, EINSTEIN NOAH RESTAURANT GROUP, INC. 2 STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 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. This Court shall retain jurisdiction over this Action for purposes of confirming and enforcing the arbitration award; and 4. Apost-arbitration status conference is set for , 2019 at _.m. in Department DATED: JUDGE OF THE SUPERIOR COURT 1 STIPULATION AND [PROPOSED]. ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1 PROOF OF SERVICE F.R.C.P. 5 / C.C.P. § 1013a(3)/ Cal. R. Ct. R. 2.260 2 3 4 5 6 7 8 9 1~ 1 1 12 13 14 1$ 16 17 18 19 20 21 22 23 24 25 26 27 28 I am a resident of, or employed in, the County of Los Angeles. I am over the age of 18 and not a party to this action. My business address is: Carlton Fields Jor•den 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 SEEATTACHED SERVICE LIST BY U.S. MAIL By placing ❑the original / ~ a true copy thereof enclosed in a sealed envelope(s), with postage fully prepaid, addressed as per the attached service list, for collection and mailing 2000 Ave of the Stars, Suite 530N, Los Angeles, CA 90067, following ordinary business practices. I am readily familiar with Carlton Fields Jorden Burt, LLP's practice for collection and processing of documents for mailing. Under that practice, the document is deposited with the United States Postal Service on the same day as it is collected and processed for mailing in the ordinary course of business. BY ELECTRONIC SERVICE via electronic ding service provider One Legal By electronically transmitting the documents) listed above to One Legal, an electronic filing service provider. To my knowledge, the transmission was reported as complete and without error. See Cal. R. Ct. R. 2.253, 2.255, 2.260. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on January 7, 2019 at Los Angeles, California. ,~j .~ Maria Rodriguez ~~~ Type or Print Name Signature STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 116309787.v1 1 2 3 4 5 6 7 8 9 10 1 1 12 13 14 15 16 1'~ 18 19 2U 21 22 23 24 25 26 27 28 SERVICE LIST 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 nciq,wageandhourlaw.com Aarin (ce,wa~eandhourlaw.com Attorneys for Plaintiff James Hartley STIPULATION AND [PROPOSED] ORDER TO STAY LITIGATION PENDING ARBITRATION 1 16309787.v1