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Smith v. Toyr'Us-Delaware, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Dec 9, 2013
13-cv-00254 AWI JLT.[1] (E.D. Cal. Dec. 9, 2013)

Opinion

          Mia Farber (SBN 131467), Adam Siegel (SBN 38568), Nancy Villarreal (SBN 273604), JACKSON LEWIS P.C., Los Angeles, California, Attorneys for Defendant, TOYS R' US- DELAWARE, INC.

          MICHAEL MALK, ESQ., APC, Michael Malk, Esq. (SBN 222366), Los Angeles, California, ACKERMANN & TILAJEF, P.C., Craig J. Ackermann, Esq. (SBN 229832), Los Angeles, California, Attorneys for Plaintiffs, NAKIA SMITH and CINDA WHEELER.


          ORDER GRANTING THE STIPULATION TO LIFT THE STAY (Doc. 25)

          JENNIFER L. THURSTON, Magistrate Judge.

         TO THE HONORABLE COURT:

         PLEASE BE ADVISED that Plaintiffs NAKIA SMITH and CINDA WHEELER ("Plaintiffs") on behalf of themselves and the putative class they seek to represent, and Defendant TOYS R' US-DELAWARE, INC. ("Defendant") (collectively referred to as "the Parties"), by and through their respective attorneys of record, hereby respectfully submit this Stipulation and [Proposed] Order in support of their joint request to lift the stay in the instant action (the "Smith Action"), which was ordered by this Court on October 17, 2013 pending the completion of mediation. See ECF No. 24. The Parties stipulate as follows:

         1. On November 7, 2013, the Parties participated in a private mediation session with mediator David Rotman, Esq. in San Francisco, California.

         2. Despite the Parties' good faith effort to resolve the matter at mediation, the Parties were unable to reach a settlement. However, the Parties continue to work together towards a settlement.

         3. Given the temporary stay of this action was conditioned on the completion of mediation, the Parties respectfully request the Court lift the temporary stay of the instant action.

         IT IS SO STIPULATED.

         ORDER

         Based upon the information provided in the stipulation to lift the stay, the Court ORDERS:

         1. The stipulation (Doc. 25) is GRANTED and the stay of the matter is LIFTED;

         2. The matter is set for a mandatory scheduling conference on January 28, 2013 at 9:00 a.m. Counsel are referred to the Court's order (Doc. 4) dated February 4, 2013, which describes their obligations related to the scheduling conference.

         IT IS SO ORDERED.


Summaries of

Smith v. Toyr'Us-Delaware, Inc.

United States District Court, Ninth Circuit, California, E.D. California
Dec 9, 2013
13-cv-00254 AWI JLT.[1] (E.D. Cal. Dec. 9, 2013)
Case details for

Smith v. Toyr'Us-Delaware, Inc.

Case Details

Full title:NAKIA SMITH and CINDA WHEELER, individually, and on behalf of all others…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 9, 2013

Citations

13-cv-00254 AWI JLT.[1] (E.D. Cal. Dec. 9, 2013)