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Marcus T. Areyano, An Individual; Frank W. Bartlett, An v. Tacaza

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION


June 23, 2011

MARCUS T. AREYANO, AN INDIVIDUAL; FRANK W. BARTLETT, AN INDIVIDUAL; GUADALUPE GONZALEZ, AN INDIVIDUAL; MARY PEARL RIVERA, AN INDIVIDUAL; BRIAN RIGGINS, AN INDIVIDUAL; JUDD ROGERS, AN INDIVIDUAL; DARREN CAMPBELL, AN INDIVIDUAL; VINCENT CLINE, AN INDIVIDUAL; AND RICHARD WILDT, AN INDIVIDUAL, PLAINTIFFS,
v.
TACAZA, INC. DBA FAMOUS DAVE'S, A CALIFORNIA CORPORATION; TACAZA II, INC. DBA FAMOUS DAVE'S, A CALIFORNIA CORPORATION; ANAND D. GALA, AN INDIVIDUAL; JONATHAN LITT, AN INDIVIDUAL; AND DOES 1 TO 100, INCLUSIVE,
DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

Geoffrey D. DeBoskey, SBN 211557 gdeboskey@sidley.com Heidi Larson Howell, SBN 254600 hhowell@sidley.com SIDLEY AUSTIN LLP 555 West Fifth Street, Suite 4000 Los Angeles, California 90013 Attorneys for Defendants TACAZA, INC. dba FAMOUS DAVE'S, TACAZA II, INC. dba FAMOUS DAVE'S, ANAND D. GALA, and JONATHAN LITT Counsel for Plaintiffs on following page

STIPULATION TO SUBMIT CLAIMS TO ARBITRATION; ORDER

STIPULATION

This Stipulation is made and entered into between Plaintiffs Marcus T. Areyano, Frank W. Bartlett, Guadalupe Gonzalez, Mary Pearl Rivera, Brian Riggins, Judd Rogers, Darren Campbell, Vincent Cline, and Richard Wildt (collectively, "Plaintiffs") and Defendants Tacaza, Inc. dba Famous Dave's, Tacaza II, Inc. dba Famous Dave's, Anand D. Gala, and Jonathan Litt (collectively, "Defendants"), by and through their respective counsel, with reference to the following:

1. WHEREAS, on November 15, 2010, Plaintiffs filed their Complaint in the above-referenced matter in Fresno County Superior Court, Case No. 10 CE CG 03994;

2. WHEREAS, on December 20, 2010, Plaintiffs filed their First Amended Complaint in the above-referenced matter in Fresno County Superior Court;

3. WHEREAS, on January 31, 2011, Defendants removed this action to this Court;

4. WHEREAS, on March 30, 2011, Plaintiffs filed their Second Amended Complaint in the above-referenced matter;

5. WHEREAS, on April 20, 2011 Defendants filed their First Amended Answer to Plaintiffs' Second Amended Complaint;

6. WHEREAS, on or about March 10, 2011, Plaintiffs, except plaintiff Areyano, demanded that their claims be arbitrated pursuant to agreements they signed while employed by Tacaza, Inc. and Areyano agreed to stipulate to submit his claims to arbitration under the same terms as the other plaintiffs;

7. WHEREAS, on April 29, 2011, plaintiffs Guadalupe Gonzalez, Frank W. Bartlett, Mary Pearl Rivera, Brian Riggins, Judd Rogers, Darren Campbell, and Vincent Cline filed a Petition for Order Compelling Arbitration and Request for Stay Pending Arbitration;

8. WHEREAS, on May 4, 2011, plaintiffs Guadalupe Gonzalez, Frank W. Bartlett, Mary Pearl Rivera, Brian Riggins, Judd Rogers, Darren Campbell, Vincent Cline, and Richard Wildt filed a Motion for Order Compelling Arbitration and Request for Stay Pending Arbitration (the "Motion");

9. WHEREAS on May 9, 2011, Defendants provided Plaintiffs' counsel with a copy of plaintiff Areyano's signed arbitration agreement;

10. WHEREAS, on June 3, 2011 the parties attended a telephone conference call with Judge Beck regarding Plaintiffs' Motion and expressed their agreement to submit Plaintiffs claims to arbitration;

11. WHEREAS, the parties agree that all of Plaintiffs claims against Defendants, as set forth in the Second Amended Complaint, shall be arbitrated pursuant to the terms of the arbitration agreements signed by each plaintiff; and

12. WHEREAS, the parties agree that the arbitrator shall determine the venue of the arbitration.

THEREFORE, Plaintiffs and Defendants hereby stipulate that all of Plaintiffs claims against Defendants, as set forth in the Second Amended Complaint, shall be arbitrated pursuant to the terms of the arbitration agreements signed by each plaintiff and that the arbitrator shall determine the venue of the arbitration. A proposed order is attached hereto.

IT IS SO STIPULATED.

Dated: June 22, 2011 JONES HELSLEY PC and FITZPATRICK, SPINI & SWANSTON By: /s/ Patrick D. Toole B. James Fitzpatrick Patrick D. Toole Attorneys for Plaintiffs MARCUS T. AREYANO, FRANK W. BARTLETT, GUADALUPE GONZALEZ, MARY PEARL RIVERA, BRIAN RIGGINS, JUDD ROGERS, DARREN CAMPBELL, VINCENT CLINE, and RICHARD WILDT

ORDER

Pursuant to the parties' stipulation, and for good cause shown, it is hereby ordered that all of Plaintiffs claims against Defendants, as set forth in the Second Amended Complaint, shall be arbitrated pursuant to the terms of the arbitration agreements signed by each plaintiff.

IT IS SO ORDERED.

DEAC_Signature-END:

20110623

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