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13-1323 - Russell Sigler, Inc. v. Min


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13-1323 - Russell Sigler, Inc. v. Min
August 23, 2013
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 8/23/2013 WITHDRAWING 5 Motion to Dismiss and VACATING the 8/26/2013 Hearing. Min shall have an extension of time to file a responsive pleading up to and including 10/4/2013. (Donati, J)
January 14, 2014
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ORDER signed by Judge Lawrence K. Karlton on 1/13/14 ORDERING that the parties shall brief whether it is the court or the arbitrator who decides what is the content of the arbitration agreement, insofar as it governs who the arbitrator will be. Defendant Min shall file his opening brief no later than 1/23/2014 at 4:30 p.m.. Plaintiff Sigler shall file his responsive brief no later than 2/3/2014 at 4:30 p.m.. Defendant Min shall file his reply brief no later than 2/10/2014. Pending resolution of the motion to stay, this case is STAYED. The Status (Pretrial Scheduling) Conference currently set for 1/21/2014 is VACATED, and the deadline for initial disclosures is also VACATED. (Kastilahn, A)
January 17, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/16/14 ORDERING that this Court extends the current briefing schedule by deferring Min's opening brief filing date to Monday, February 3, 2014 by 4:30 p.m., with Sigler's responsive brief due no later than Friday, February 14, 2014 at 4:30 p.m., and Min's reply brief due Friday, February 21, 2014 no later than 4:30 p.m.. (Becknal, R)
January 31, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 1/31/14 ORDERING that Min's opening brief filing date is EXTENDED to 2/18/2014 by 4:30 p.m., with Sigler's responsive brief due no later than 3/4/2014 at 4:30 p.m. and Min's Reply Brief due Tuesday, 3/11/2014 no later than 4:30 p.m.(Mena-Sanchez, L)
February 28, 2014
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STIPULATION and ORDER signed by Judge Lawrence K. Karlton on 02/28/14 ordering plaintiff Russell Sigler, Inc, Defendant Dong Min, as well as Erin McBride and Leslie Holbrook shall mediate the claims before a mutually agreed upon mediator located in Sacramento, California, or at a location mutually agreed upon by the parties. Should the Parties not settle their claims in mediation, the parties shall arbitrate this matter before an arbitrator from Jams mutually agreed upon. The arbitrator shall be located and venued in Sacramento, California with JAMS, and the arbitration shall be undertaken in Sacramento, California. The threshold issue of whether to bifurcate and separate the claims of Dong Min, Erin McBride and Leslie Holbrook into separate arbitrations or proceedings shall be decided upon first by an arbitrator mutually agreed upon by the parties that is different that the arbitrator decding the merits of the case. This initial arbitrator does not have to be located in Sacramento and can be affiliated with an arbitration service different from the arbitration service deciding the merits of the case, subject to mutual agreement of Sigler and the Claimants. The instant action, is hereby stayed with this court having the power to enforce the arbitration decision and all issues related to this stipulation or agreement to go to arbitration. The parties agree to bear their own fees and costs in regard to the Litigation. Responsibility for costs and attorney's fees for mediation and arbitration shall be in accordance with JAMS Rules for employment disputes and/or as determined by the mediator and arbitrator(s).(Plummer, M)
July 20, 2015
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ORDER signed by Chief Judge Morrison C. England, Jr on 7/17/15. The Court will maintain the stay pending claimant McBride's arbitration proceedings. The parties are ordered to file a joint status report with the Court six (6) months from the electronic filing of this order. The Court declines to issue Defendant's requested order requiring Plaintiff to "pay invoices submitted by the arbitrator within 5 business days of receipt by [Plaintiff]'s counsel."47 at 3.(Mena-Sanchez, L)
June 14, 2016
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ORDER signed by District Judge Morrison C. England, Jr. on 6/13/2016 DISMISSING CASE with prejudice; each party shall bear their own costs and fees. CASE CLOSED (Reader, L)