Balmores v. Sirius XM Radio Inc

1 THE HONORABLE KYMBERLY K. EVANSON

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE CINDY BALMORES, Case No. 2:24-cv-886-KKE JUSTIN BRASWELL, DEBORAH GARVIN, and THEA ANDERSON, for themselves, STIPULATION AND ORDER TO STAY as private attorneys general, and CASES PENDING MEDIATION on behalf of all others similarly situated, Plaintiffs, v. SIRIUS XM RADIO INC., Defendant.

1 WHEREAS, on June 21, 2024, Plaintiffs Cindy Balmores, Justin Braswell, Deborah Garvin, and Thea Anderson individually, as private attorneys general, and on behalf of all others similarly situated, (“Plaintiffs”) filed the above-captioned action Balmores et al v. Sirius XM Radio Inc.; WHEREAS, this matter is presently pending before this Court; 7 WHEREAS, the parties in the instant litigation plan to engage a private mediator in order to attempt to resolve the claims in this dispute and others across the country; 9 WHEREAS, the parties seek to stay all proceedings for a period of sixty (60) days while they pursue mediation in good faith in order to conserve the resources of the parties, third parties, and the Court; WHEREAS, this Court has “the power to stay proceedings . . . 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. N. Am. Co., 299 U. S. 248, 254 (1936); 17 WHEREAS, courts across this country regularly stay cases referred to mediation; WHEREAS, mediation may resolve this case and others in their entirety; WHEREAS, a stay may conserve judicial resources by allowing the court to avoid expending resources on resolving disputes which may become moot if mediation resolves the parties’ claims; 23 IT IS HEREBY STIPULATED AND AGREED, by and among the Parties, and subject to the approval of the Court that: 1. The parties shall engage in mediation before a private-mediator selected according to terms negotiated by both parties, according to a jointly devised procedure; 1 2. These proceedings shall be stayed in their entirety for a period of sixty (60) days, in order that the parties may pursue mediation; and 3. The parties shall provide the Court with a joint update regarding the status of the mediation effort, including any proposed schedule for further mediation or litigation, no less than ten (10) days prior to the expiration of the stay.

DATED: July 16, 2024 /s/ Eric P. Stephens /s/ Daniel M. Hattis Eric P. Stephens* Daniel M. Hattis, WSBA No. 50428 Lee A. Armstrong* Paul Karl Lukacs, WSBA No. 56093 JONES DAY HATTIS & LUKACS Vesey Street, 34th Floor 11711 SE 8th St, Suite 120 New York, NY 10281 Bellevue, WA 98005 Telephone: 212.326.3658 Telephone: (425) 233-8650 Facsimile: 212.755.7306 Facsimile: (425) 412-7171 [email protected] [email protected] [email protected] [email protected] * Pro hac vice application to be submitted And Attorneys for Defendant Stephen P. DeNittis* Sirius XM Radio Inc. DENITTIS OSEFCHEN PRINCE, P.C.

5 Greentree Centre, Suite 410 18 523 Route 73 N.

Marlton, New Jersey 08057 Telephone: (856) 797-9951 20 [email protected] 21 * Pro hac vice application to be submitted 22 Attorneys for Plaintiffs and the Proposed Class

July 18, 2024 SO ORDERED:

A Kymberly K. Evanson