Opinion
2:24-cv-886-KKE
07-16-2024
CINDY BALMORES, JUSTIN BRASWELL, DEBORAH GARVIN, and THEA ANDERSON, for themselves, as private attorneys general, and on behalf of all others similarly situated, Plaintiffs, v. SIRIUS XM RADIO INC., Defendant.
Eric P. Stephens* Lee A. Armstrong* JONES DAY * Pro hac vice application to be submitted Attorneys for Defendant Sirius XM Radio Inc. Daniel M. Hattis, WSBA No. 50428 Paul Karl Lukacs, WSBA No. 56093 HATTIS & LUKACS AND Stephen P. DeNittis* DENITTIS OSEFCHEN PRINCE, P.C. * Pro hac vice application to be submitted Attorneys for Plaintiffs and the Proposed Class
Eric P. Stephens* Lee A. Armstrong* JONES DAY * Pro hac vice application to be submitted Attorneys for Defendant Sirius XM Radio Inc.
Daniel M. Hattis, WSBA No. 50428 Paul Karl Lukacs, WSBA No. 56093 HATTIS & LUKACS AND Stephen P. DeNittis* DENITTIS OSEFCHEN PRINCE, P.C. * Pro hac vice application to be submitted Attorneys for Plaintiffs and the Proposed Class
STIPULATION AND ORDER TO STAY CASES PENDING MEDIATION
KYMBERLY K. EVANSON, UNITED STATES DISTRICT JUDGE
WHEREAS, on June 21, 2024, Plaintiffs Cindy Balmores, Justin Braswell, Deborah Garvin, and Thea Anderson individually, as private attorneys general, and on behalf of all others similarly situated, (“Plaintiffs”) filed the above-captioned action Balmores et al v. Sirius XM Radio Inc.;
WHEREAS, this matter is presently pending before this Court;
WHEREAS, the parties in the instant litigation plan to engage a private mediator in order to attempt to resolve the claims in this dispute and others across the country;
WHEREAS, the parties seek to stay all proceedings for a period of sixty (60) days while they pursue mediation in good faith in order to conserve the resources of the parties, third parties, and the Court;
WHEREAS, this Court has “the power to stay proceedings . . . incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. N. Am. Co., 299 U.S. 248, 254 (1936);
WHEREAS, courts across this country regularly stay cases referred to mediation;
WHEREAS, mediation may resolve this case and others in their entirety;
WHEREAS, a stay may conserve judicial resources by allowing the court to avoid expending resources on resolving disputes which may become moot if mediation resolves the parties' claims;
IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, and subject to the approval of the Court that:
1. The parties shall engage in mediation before a private-mediator selected according to terms negotiated by both parties, according to a jointly devised procedure;
2. These proceedings shall be stayed in their entirety for a period of sixty (60) days, in order that the parties may pursue mediation; and
3. The parties shall provide the Court with a joint update regarding the status of the mediation effort, including any proposed schedule for further mediation or litigation, no less than ten (10) days prior to the expiration of the stay.
SO ORDERED: