Case No.: CV 10-04508 SBA.
May 31, 2011
BRYAN SCHWARTZ (SBN 209903), HILLARY JO BAKER (SBN 265019), BRYAN SCHWARTZ LAW, Oakland, CA.
DAVID BORGEN (SBN 099354), JOSEPH E. JARAMILLO (SBN 178566), JASON H. TARRICONE (SBN 247506), ROBERTO CONCEPCION, JR., (SBN 271517), GOLDSTEIN, DEMCHAK, BALLER, BORGEN DARDARIAN, Oakland, CA, Attorneys for Individual and Representative Plaintiffs ERIC MECKLEY, State Bar No. 168181, MORGAN, LEWIS BOCKIUS LLP, San Francisco, CA.
JENNIFER A. LOCKHART, State Bar No. 236972, MORGAN, LEWIS BOCKIUS LLP, Palo Alto, CA, Attorneys for Defendants, JPMORGAN CHASE CO., JPMORGAN CHASE, BANK, N.A., and EMC MORTGAGE CORP., Attorneys for Defendants.
STIPULATION AND ORDER STAYING OF ALL DEADLINES PENDING MEDIATION
Plaintiffs Mary Ann Adlao ("Adlao") and Marian Williams ("Williams") (together as "Plaintiffs") and Defendants JPMorgan Chase Co., JPMorgan Chase Bank, N.A., and EMC Mortgage Corp. (together as "Defendants") (Plaintiffs and Defendants are referred to together as the "Parties") hereby stipulate and agree as follows:
1. Whereas Plaintiffs filed a motion for conditional certification under § 216(b) of the Fair Labor Standards Act on March 24, 2011 (Dkt. #43), which is currently pending and held in abeyance pending Defendants' motion to compel arbitration;
2. Whereas Defendants filed a renewed motion to compel arbitration on April 13, 2011 (Dkt. #46), which is currently pending and set to be heard on June 21, 2011; and
3. Whereas Plaintiffs' response to Defendants' motion to compel is due by May 27, 2011, and Defendants' reply is due by June 3, 2011 (Dkt. #62);
4. Whereas a Case Management Conference is currently scheduled for June 16, 2011 at 3:15 p.m.; and
5. Whereas the Parties desire to focus their efforts and attention immediately on Alternative Dispute Resolution and determining whether a mediated settlement of this matter is possible. The Parties have scheduled a mediation in San Franciscoon June 29, 2011, with a highly-experienced, neutral third party, Michael Dickstein; and
6. Whereas focusing on litigation of the pending motion(s) while mediation efforts are proceeding (a) is both needlessly costly and potentially counter-productive for the Parties, and (b) would potentially result in the unnecessary expenditure of judicial resources;
THEREFORE it is hereby stipulated by the Parties that all pending motions, deadlines, and scheduled hearings and conferences in the above-referenced matter will be stayed immediately pending the completion of the currently-scheduled mediation process. Plaintiffs will notify the Court within five (5) court days following the mediation date regarding the success or failure of mediation, at which time the Court may issue a further case and/or briefing schedule as appropriate.
Pursuant to stipulation, it is so ordered.