Ramos v. Roadsafe Traffic Systems, Inc.

1 SAMUEL A. WONG, SBN 217104 [email protected] KASHIF HAQUE, SBN 218672 [email protected] JESSICA L. CAMPBELL, SBN 280626 [email protected] ALEX J. VALLE, SBN 334263 [email protected] AEGIS LAW FIRM, PC 9811 Irvine Center Drive, Suite 100 Irvine, CA 92618 Telephone: (949) 379-6250 Facsimile: (949) 379-6251 Attorneys for Plaintiff ADRIANA MAGDALENA RAMOS MICHAEL J. NADER, SBN 200425 [email protected] ALEXANDRA ASTERLIN, SBN 221286 [email protected] PAUL M. SMITH, SBN 306644 [email protected] OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

14 500 Capitol Mall, Suite 2500 Sacramento, CA 95814 Telephone: 916-840-3150 Facsimile: 916-840-3159 Attorneys for Defendant ROADSAFE TRAFFIC SYSTEMS, INC. 18 UNITED STATES DISTRICT COURT 19 EASTERN DISTRICT OF CALIFORNIA - SACRAMENTO ADRIANA MAGDALENA RAMOS, Case No. 2:23-CV-02085-KJM-CKD individually and on behalf of all others similarly situated, JOINT STIPULATION TO STAY ALL PROCEEDINGS PENDING MEDIATION 23 Plaintiff, AND ORDER 24 vs. ROADSAFE TRAFFIC SYSTEMS, INC.; and Action Filed: 2/8/2023 DOES 1 through 20, inclusive, Removal Filed: 9/22/23 26 Trial Date: None Set Defendants.

1 TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA, DEFENDANT ROADSAFE TRAFFIC SYSTEMS, INC., AND TO ITS COUNSEL OF RECORD: 4 WHEREAS Plaintiff ADRIANA MAGDALENA RAMOS (“Plaintiff”) filed this civil class action for damages against Defendant ROADSAFE TRAFFIC SYSTEMS, INC. (“Defendant”) (collectively, the “Parties”) on February 8, 2023; 7 WHEREAS Defendant removed this civil class action to federal court on September 22, 2023; 9 WHEREAS Plaintiff filed and the Parties have fully briefed Plaintiff’s Motion to Remand this civil class action to state court, which is set to be heard on December 8, 2023.

11 WHEREAS Defendant filed and the Parties have fully briefed a Motion to Dismiss Plaintiff’s First Amended Class Action Complaint, which is set to be heard on December 8, 2023.

13 WHEREAS the Parties to this Action agreed to mediate this matter with experienced mediator, the Hon. Carl J. West (Ret.), on January 23, 2024 (the “Mediation Date”), the earliest date on which the mediator is available.

16 WHEREAS the Parties desire to devote their resources to focus on potentially resolving this matter in full at the mediation, and therefore, the Parties jointly request the Court to stay all proceedings until after the Mediation Date. Courts have “broad discretion” to stay proceedings.

19 Clinton v. Jones, 520 U.S. 681, 706 (1997). “[T]he power to stay proceedings is incidental to the power inherent in every court to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants.” Landis v. North Am. Co., 299 U.S. 248, 254 (1936); see also Fed. R. Civ. P. 1. The Parties agree that a stay will help secure the just and efficient resolution of this proceeding.

24 NOW THEREFORE IT IS HEREBY STIPULATED THAT: 25 1. All proceedings in this matter (including the hearings on Defendant’s Motion to Dismiss 26 and Plaintiff’s Motion to Remand) be stayed in full until after the Mediation Date, to 27 provide the Parties with adequate time to resolve all issues on or shortly after the 1 least thirty (30) days after the Mediation Date of January 23, 2024.

2 2. The Parties jointly request the Court to preserve their respective rights in this action, 3 including any arguments in support of or defenses against Defendant’s right to challenge 4 the pleadings and Plaintiff’s right to file a remand motion.

5 3. All discovery shall be stayed during the period of the stay. The Parties have entered into 6 a detailed, written agreement on the dates and content of the informal, pre-mediation 7 exchange of data and documents necessary to conduct mediation.

9 IT IS SO STIPULATED.

11 DATED: November 21, 2023 AEGIS LAW FIRM, PC 13 By: /s/ Alex J. Valle Samuel A. Wong 14 Kashif Haque Jessica L. Campbell 15 Alex J. Valle 16 Attorneys for Plaintiff ADRIANA MAGDALENA RAMOS DATED: November 21, 2023 OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.

20 By: /s/ Paul M. Smith Michael J. Nader 21 Alexandra Asterlin Paul M. Smith Attorneys for Defendant 23 ROADSAFE TRAFFIC SYSTEMS, INC. ORDER 3 THIS COURT, having read and considered the Joint Stipulation to Stay All Proceedings || Pending Mediation by, between and among Plaintiff ADRIANA MAGDALENA RAMOS and || Defendant ROADSAFE TRAFFIC SYSTEMS, INC, and finding good cause therefor, orders as || follows: 7 1. This action is stayed in its entirety, subject to the conditions set forth in the Parties’ 8 stipulation, until the Court convenes a status conference by videoconference on 9 March 14, 2024 at 2:30 p.m. before the undersigned.

10 2. All other dates currently pending and/or scheduled in this action are vacated and 1] continued until after the status conference.

12 IT IS SO ORDERED.

13 || DATED: November 27, 2023.

14 / / 6 CHIEF ED STATES DISTRICT JUDGE