VICTORIA COMFORT v. FOXX

Case No. 3:14-cv-4369-JST.

VICTORIA COMFORT, an individual Plaintiff, v. JT FOXX aka JUSTIN T. FOXX aka JUSTIN GORENKO, individually and dba JT FOXX ORGANIZATION, dba JT FOXX SUBSCRIPTIONS, dba FOXX PRODUCTS; WORLD SUCCESS COMPANY LLC, a Florida limited liability company formerly known as THE COACHING ORGANIZATION LLC, dba MY COACHING ORGANIZATION, dba FIRST CLASS COACHING; and DOES 1 to 100, inclusive, Defendants.

United States District Court, N.D. California.


Attorney(s) appearing for the Case

STEVEN S. KAUFHOLD, ESQ. , JONATHAN B. GASKIN, ESQ. , RUTH L. HAWLEY, ESQ. , Steve Kaufhold , KAUFHOLD GASKIN LLP, San Francisco, CA, Attorneys for Defendants JT Foxx, World Success Company LLC, and The Coaching Organization, LLC.

Philip J. Terry , Carle, Mackie, Power & Ross LLP, Attorney for Plaintiff Victoria Comfort.


STIPULATION AND [PROPOSED] ORDER TO STAY CASE PENDING ARBITRATION PROCEEDINGS

JON S. TIGAR, District Judge.

THE PARTIES, THROUGH COUNSEL, STIPULATE TO THE FOLLOWING:

Whereas, Plaintiff Victoria Comfort brought this action, seeking damages and other relief against Defendants JT Foxx, World Success Company LLC, and The Coaching Organization, LLC;

Whereas, Defendants filed a Petition to Compel Arbitration on November 20, 2014, which is currently pending before the Court;

Whereas, the parties have agreed that the claims in this case will be arbitrated in San Francisco, California, before AAA Arbitration;

Whereas, the parties believe it would be economically efficient and promote justice for this action to be stayed pending the completion of the arbitration;

Now, therefore it is agreed that:

1. This action shall be stayed in its entirety; 2. All dates currently scheduled in this case shall be vacated; 3. Defendants' pending Petition to Compel Arbitration shall be removed from the Court's calendar, without prejudice to re-filing or re-noticing if circumstances warrant;

4. The parties will contact the Court within 30 days of the issuance of the arbitration award or other resolution of the arbitration proceedings, whichever is later, and this action will remain stayed pending further order of the Court.

[PROPOSED] ORDER

The parties having stipulated, and for good cause shown, it is hereby ORDERED that:

1. This action shall be stayed in its entirety;

2. All dates currently scheduled in this case shall be vacated;

3. Defendants' pending Petition to Compel Arbitration shall be removed from the Court's calendar, without prejudice to re-filing or re-noticing if circumstances warrant;

4. The parties will contact the Court within 30 days of the issuance of the arbitration award or other resolution of the arbitration proceedings, whichever is later, and this action will remain stayed pending further order of the Court.


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