Opinion
Case No. 2:11-CV-02133-LKK-DAD
09-29-2011
MARQUES JOHNSON, Plaintiff, v. DISH NETWORK, L.L.C.; ECHOSTAR SATELLITE CORPORATION; ECOSPHERE L.L.C.; KRISTY FEBEL; BLAKE KEISER; and DOES 1-50, inclusive, Defendants.
ERIC C. BELLAFRONTO, ESQ. ADRIANNE B. OSTROWSKI, ESQ. LITTLER MENDELSON A Professional Corporation Attorneys for Defendants DISH NETWORK, L.L.C.; ECHOSTAR SATELLITE CORPORATION; ECOSPHERE, L.L.C. LEO F. DONAHUE, ESQ. LEO F. DONAHUE, INC. Attorneys for Plaintiff MARQUES JOHNSON KEVIN W. HARRIS, ESQ. LAW OFFICES OF KEVIN W. HARRIS Attorneys for Plaintiff MARQUES JOHNSON
ERIC C. BELLAFRONTO, Bar No. 162102
LITTLER MENDELSON
ADRIANNE B. OSTROWSKI, Bar No. 238786
LITTLER MENDELSON
Attorneys for Defendants
DISH NETWORK L.L.C.; ECHOSTAR
SATELLITE CORPORATION; ECHOSPHERE
L.L.C. (ERRONEOUSLY SUED AS ECOSPHERE
L.L.C.)
STIPULATION AND ORDER RE ARBITRATION AND TO STAY PROCEEDINGS PENDING ARBITRATION
Trial Date: None set.
Plaintiff MARQUES JOHNSON and Defendants DISH NETWORK L.L.C. ("DISH"), ECHOSTAR SATELLITE CORPORATION, and ECHOSPHERE L.L.C. (erroneously sued as ECOSPHERE L.L.C.), (collectively, "the Parties"), by and through their attorneys of record, hereby stipulate and agree as follows:
1. On June 13, 2011, Plaintiff filed a Complaint in the Superior Court of the State of California, in and for the County of Sacramento, which was captioned as follows: "MARQUES JOHNSON, Plaintiff v. DISH NETWORK, LLC; ECHOSTAR SATELLITE CORPORATION; ECOSPHERE, LLC; KRISTY FEBEL, BLAKE KEISER, AND DOES 1-50, INCLUSIVE; Defendants," designated as Case No. 34-2011-00105860.
2. On August 11, 2011, Defendants removed this case to the United States District Court, Eastern District of California, and this case was designated as Case No. 2:11-CV-02133-LKK-DAD.
3. The Parties have not yet appeared at the Status (Pretrial Scheduling) Conference currently scheduled for October 24, 2011 and no trial date has been assigned.
4. The Parties agree that they entered into and are bound by the Mandatory Arbitration of Disputes - Waiver of Rights Agreement ("Arbitration Agreement") signed by Plaintiff on April 9, 2007, with respect to the claims at issue in the above-referenced action.
5. Plaintiff agrees to submit his claims at issue in the above-referenced action to final and binding arbitration pursuant to the Arbitration Agreement signed by Plaintiff on April 9, 2007.
6. The Parties agree that this action should be stayed pending arbitration and that the Court shall retain jurisdiction over this matter pending the conclusion of the arbitration.
IT IS SO STIPULATED.
ERIC C. BELLAFRONTO, ESQ.
ADRIANNE B. OSTROWSKI, ESQ.
LITTLER MENDELSON
A Professional Corporation
Attorneys for Defendants
DISH NETWORK, L.L.C.; ECHOSTAR
SATELLITE CORPORATION;
ECOSPHERE, L.L.C.
LEO F. DONAHUE, ESQ.
LEO F. DONAHUE, INC.
Attorneys for Plaintiff
MARQUES JOHNSON
KEVIN W. HARRIS, ESQ.
LAW OFFICES OF KEVIN W. HARRIS
Attorneys for Plaintiff
MARQUES JOHNSON
ORDER
Pursuant to the Parties' stipulation and good cause appearing, it is hereby ordered, adjudged and decreed that:
1. Plaintiff Marques Johnson shall submit his claims at issue in the above-referenced action to final and binding arbitration pursuant to the Mandatory Arbitration of Disputes - Waiver of Rights Agreement ("Arbitration Agreement") signed by Plaintiff on April 9, 2007;
2. Plaintiff Marques Johnson's action is hereby stayed pending arbitration; and
3. This Court shall retain jurisdiction over this matter pending the conclusion of the arbitration.
IT IS SO ORDERED.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT