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28 VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW)

ON STIPULATED REQUEST FOR STAY AND CONTINUANCE ETC.

- 1

MICHAEL R. SIMMONDS

(SBN 96238)

TOMIO B. NARITA

(SBN 156576)

SIMMONDS & NARITA LLP

44 Montgomery Street, Suite 3010

San Francisco, CA 94104-4816

Telephone: (415) 283-1000

msimmonds@snllp.com

tnarita@snllp.com

MICHAEL J GORBY 

(Pro Hac Vice)

MARY DONNE PETERS 

(Pro Hac Vice)

GORBY, PETERS & 

ASSOCIATES LLC

Two Ravinia Drive, Suite 1500

Atlanta, Georgia 30346

Telephone: (404) 239-1150

mgorby@gorbypeters.com

mpeters@gorbypeters.com

Attorneys for Defendant Libre By 

Nexus, Inc.

JEFFREY KALIEL, 

California Bar No. 238293

SOPHIA GOREN, 

California Bar No. 307971

TYCKO & ZAVAREEI LLP

1828 L Street, N.W., Suite 1000

Washington, D.C. 20036

Tel.: (202) 973-0900

Fax: (202) 973-0950

jkaliel@tzlegal.com

sgoren@tzlegal.com

ANNICK M. PERSINGER, 

California Bar No. 272996

TYCKO & ZAVAREEI LLP

483 Ninth Street, Suite 200

Oakland, CA 94607

Telephone (510) 254-6808

Facsimile (202) 973-0950

apersinger@tzlegal.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JUAN QUINTANILLA VASQUEZ 

and GABRIELA PERDOMO ORTIZ, 

and VICTOR HUGO CATALAN 

MOLIN, individually and on behalf of 

all others similarly situated,

Plaintiffs,

vs.

LIBRE BY NEXUS, INC. and JOHN 

DOES 1-50,

Defendants.

CASE NO.: 4:17-cv-00755-CW

ORDER ON STIPULATION FOR 

STAY OF DISCOVERY PENDING 

PRIVATE MEDIATION AND

REQUEST FOR ORDER 

CONTINUING DEADLINES AND 

HEARINGS WITH RESPECT TO 

PENDING MOTIONS
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28 VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW)

ON STIPULATED REQUEST FOR STAY AND CONTINUANCE ETC.

- 2

The Court, having considered the stipulation of the parties to stay discovery 

temporarily while the parties pursue settlement through private mediation, the 

parties’ request for an order continuing the deadlines previously set by the Court 

for briefing on the pending Motion to Compel Arbitration and Motion to Dismiss 

Counts V and VI of the Second Amended Complaint, and the parties’ request that 

the Court remove the hearing set for such motions from the Court’s October 3, 

2017 calendar and reset the hearing for such motions in the event the parties are 

unable to resolve this action through private mediation, and good cause appearing,

IT IS HEREBY ORDERED:

1. The hearing on the Motion to Compel Arbitration (Doc. 35) and 

Motion to Dismiss (Doc. 41) set on 10/3/17 is taken off calendar, pending the 

parties’ good faith effort to settle this action through private mediation, such 

motions to be reset by the Court in the event that the case is not resolved through 

mediation.

2. The Court’s prior referral of this case to the Mediation ADR Program 

shall be withdrawn upon completion by the parties of private mediation.

3. In the event mediation is not successful and the parties reach an 

impasse, the parties shall meet and confer on outstanding discovery scheduling and 

outstanding discovery disputes within ten days following the mediation.

4. In the event mediation is not successful and the parties reach an 

impasse, Plaintiffs shall file their opposition to Defendant’s Motion to Compel 

Arbitration within sixty (60) days after the mediation, and Defendant shall file its 

reply memorandum within 20 days thereafter.
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28 VASQUEZ, et. al. v. LIBRE BY NEXUS, INC. (CASE NO.: 4:17-cv-00755-CW)

ON STIPULATED REQUEST FOR STAY AND CONTINUANCE ETC.

- 3

5. In the event mediation is not successful, Defendant shall file its reply 

memorandum in support of its Motion to Dismiss within sixty (60) days after the 

mediation.

6. The parties shall promptly inform the Court whether the parties have 

been able to settle this action through private mediation. The Court shall reset 

pending motions for hearing consistent with the foregoing if the Court is advised 

by the parties that they were unable to reach a settlement.

DATED: August 10, 2017

Honorable Claudia Wilken

United States District Judge