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Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277* 

lhough@edelson.com

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

* Admitted pro hac vice

(additional counsel listed on signature page)

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

LORI WAKEFIELD, on behalf of 

themselves and a class of others similarly 

situated,

 Plaintiff,

v.

VISALUS, INC., a Nevada Corporation,

Defendant.

No. 3:15-cv-01857-MS

UNOPPOSED MOTION TO STAY 

CASE PENDING MEDIATION

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LR 7.1 CERTIFICATION

The undersigned counsel certify that they have conferred with counsel for Defendant 

ViSalus, Inc. (“Defendant”) and are authorized to state that Defendant agrees to the relief 

requested herein. 

UNOPPOSED MOTION

Plaintiff Lori Wakefield (“Plaintiff”), without opposition from Defendant, hereby

respectfully moves the Court for an order staying proceedings for seventy-five days (75) while 

the parties attempt to mediate this matter. In support of this Unopposed Motion, Plaintiff states

as follows:

1. On April 12, 2019, the jury returned its verdict in this case, finding that Defendant 

violated the TCPA 1,850,440 times, including four calls to Plaintiff, the class representative, and 

1,836,336 calls to absent class members. (Dkt. 282.) 

2. Subsequently, the Court decided not to enhance damages for willfulness, and 

denied Defendant’s motion to decertify the class. (Dkts. 326, 344.)

3. On October 25, 2019, Defendant filed a motion requesting that the Court reduce 

damages in its final judgment on grounds that the statutory damages are constitutionally 

excessive. (Dkt. 358.) The parties have fully briefed that motion. (Dkts. 362, 363.) 

4. The parties have since agreed to mediate this matter. Accordingly, Plaintiff 

requests (without opposition from Defendant) a seventy-five (75) day stay of the proceedings in 

this matter, after which point the parties will submit a joint status report informing the Court of 

their progress.1

5. “United States district courts have inherent authority to stay proceedings, for the 

power to stay ‘is incidental to the power inherent in every court to control the disposition of the 

1 Plaintiff’s counsel will notify the Court in writing whether settlement was achieved not later 

than seven days following the conclusion of any private ADR proceedings, in accordance with 

Local Rule 16-4(h). Further, if a substantial agreement about the terms and conditions of a 

settlement is reached prior to that date, Plaintiff’s counsel will notify the Court’s deputy clerk of 

the impending settlement, in accordance with Local Rule 41-1(a).

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causes on its docket with economy of time and effort for itself, for counsel, and for litigants.’” 

Nat. Res. Def. Council v. Kempthorne, No. 1:05-CV-01207 LJO, 2015 WL 3750305, at *6 (E.D. 

Cal. June 15, 2015) (citing Landis v. N. Am. Co., 299 U.S. 248, 254 (1936)).

6. A stay is appropriate here because it would both benefit the parties and conserve 

judicial resources by allowing the parties to explore resolution without requiring them to expend 

additional time and effort litigating the matter at the same time. Thus, good cause exists to grant 

the relief requested, and the relief is not being sought for any improper purpose.

7. For these reasons, Plaintiff respectfully requests (without opposition from 

Defendant) that the Court enter an Order (i) staying the case for seventy-five (75) days, and (ii) 

providing such other and further relief that the Court deems reasonable and just. 

Respectfully submitted, 

LORI WAKEFIELD, individually and on behalf

of all similarly situated individuals,

Dated: January 16, 2020 /s/ Lily E. Hough

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

EDELSON PC

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: 415.212.9300

Fax: 415.373.9435

Simon Franzini, Cal. Bar #287631* 

simon@dovel.com 

Gregory S. Dovel, Cal. Bar #135387* 

greg@dovel.com 

Jonas Jacobson, Cal. Bar #269912* 

jonas@dovel.com 

DOVEL & LUNER, LLP 

201 Santa Monica Blvd., Suite 600 

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Santa Monica, California 90401 

Tel: (310) 656-7066 

Fax: (310) 656-7069

Scott F. Kocher, OSB#015088

Stephen J. Voorhees, OSB#150595

FORUM LAW GROUP

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel: 503.445.2120

Fax: 503.445.2120

Attorneys for Plaintiff and the Class

CERTIFICATE OF SERVICE

I, Lily E. Hough, an attorney, certify that on January 16, 2020, I served the foregoing by 

causing true and accurate copies of such paper to be transmitted to all counsel of record via the 

Court’s CM/ECF electronic filing system. 

/s/ Lily E. Hough

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