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Terrell Jones, A California Resident v. Agilysys

October 26, 2012

TERRELL JONES, A CALIFORNIA RESIDENT;
MICHAEL JOHNSON, A FLORIDA RESIDENT;
DERRICK PAIGE, A TEXAS RESIDENT;
WILFREDO BETANCOURT, A NEVADA RESIDENT; YOLANDA MCBRAYER, A FORMER ;
COLORADO RESIDENT; AND MICHAEL PIERSON, A NORTH CAROLINA RESIDENT, INDIVIDUALLY, AND ON
BEHALF OF ALL OTHERS SIMILARLY SITUATED,
PLAINTIFFS,
v.
AGILYSYS, INC. AN OHIO CORPORATION;
AGILYSYS NV, LLC, A DELAWARE LIMITED 25 LIABILITY COMPANY; AND DOES 1 THROUGH 100, INCLUSIVE,
DEFENDANTS.



The opinion of the court was delivered by: Hon. Saundra Brown Armstrong United States District Court Judge

JOINT STIPULATION AND MOTION TO STAY MATTER AND TOLL FLSA CLAIMS [PROPOSED] ORDER Date Action Filed: July 6, 2012

"Defendants"), and Michael D. Singer, lead attorney for Plaintiffs Terrell Jones, Michael Johnson, 4 Derrick Paige, Wilfredo Betancourt, and Yolanda McBrayer, submit the following stipulation 5 and [proposed] order regarding staying the case and tolling class claims.

Collective and Class Action Complaint for Damages and Injunctive Relief in the United States 9

WHEREAS, on July 25, 2012, the Parties jointly stipulated to extend Agilysys' deadline to file a response to the Complaint from July 27, 2012, to August 26, 2012. (ECF No. 5.)

Order setting an Initial Case Management Conference for October 10, 2012, at 3:00 p.m. (ECF 15

WHEREAS, on August 9, 2012, Plaintiffs filed a First Amended Collective and Class Action Complaint for Damages and Injunctive Relief ("FAC"). (ECF No. 9.) 18

19 and substance of the allegations in the FAC. Agilysys informed Plaintiffs that it was 20 contemplating filing a motion to dismiss and/or strike portions of the FAC. To avoid unnecessary 21 motion practice, the Parties agreed to informally exchange information and further discuss the 22 scope and substances of the allegations in the FAC. 23 Pursuant to Rules 6-1(b), 6-2, 7-12 and 16 of the Northern District Civil Local Rules, Francis J. Ortman III, attorney for AGILYSYS, INC. and AGILYSYS NV, LLC (collectively 3

WHEREAS, on July 6, 2012, plaintiffs Terrell Jones, Michael Johnson, Derrick Paige,

Wilfredo Betancourt, Yolanda McBrayer, and Michael Pierson (collectively, "Plaintiffs") filed a 8

District Court for the Northern District of California. (ECF No. 1.)

WHEREAS, on July 27, 2012, the case was reassigned to Judge Hon. Saundra Brown

Armstrong. (ECF No. 7.) On July 30, 2012, the Court issued a Case Management Scheduling 14 No. 8.)

WHEREAS, on or about August 22, 2012, the Parties met and conferred about the scope

WHEREAS, on August 23, 2012, the Parties filed a Joint Stipulation and Motion to

Extend Time to File A Responsive Pleading to the First Amended Complaint, in which they 25 requested that the Court extend Agilysys' deadline to ...


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