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Poole v. Comcast Corporation

United States District Court, Ninth Circuit

December 4, 2013

DUSTIN POOLE, on behalf of himself and other similarly situated California employees, Plaintiffs,
v.
COMCAST CORPORATION, a Pennsylvania corporation, COMCAST CABLE, form of entity unknown; and DOES 1-100, inclusive Defendants.

FRED W. ALVAREZ, State Bar No. 068115, ALLISON MOSER, State Bar No. 223065, JONES DAY, Palo Alto, CA, TROY A. VALDEZ, State Bar No. 191478, ERIN E. DOYLE, State Bar No. 233113 VALDEZ TODD & DOYLE LLP, San Francisco, CA, Attorneys for Defendants COMCAST CORPORATION and COMCAST CABLE.

VENARDI ZURADA, LLP, Mark Venardi, Counsel for Plaintiff DUSTIN POOLE

STIPULATION AND [PROPOSED] ORDER STAYING ACTION

JEFFREY WHITE, District Judge.

Pursuant to Civil Local Rule 7-12, Plaintiff Dustin Poole ("Poole") and Defendants Comcast Corporation and Comcast Cable ("Comcast, " and together with Poole, "Parties") submit this Stipulation and [Proposed] Order Staying Action.

WHEREAS, on August 14, 2013, Poole filed the present lawsuit against Comcast entitled Poole v. Comcast Corporation, Case No. 3.13-cv-03772 (N.D. Cal. Aug. 14, 2013).

WHEREAS, on November 18, 2013, Comcast filed a Motion to Stay All Proceedings and/or Dismiss, in which Comcast seeks an Order staying all proceedings pending the final resolution of Fayerweather v. Comcast Corporation and Comcast of Contra Costa, Inc., currently pending in the California Court of Appeal for the First District Division One as Case No. A137872 (" Fayerweather " action).

WHEREAS, Comcast's Motion to Stay All Proceedings and/or Dismiss is currently set for hearing on January 13, 2014.

WHEREAS, the Parties stipulate to stay this case (including all motions, discovery, the currently scheduled January 13, 2014 hearing, and any other proceedings) pending final resolution of the Fayerweather action.

NOW, THEREFORE, IT IS HEREBY STIPULATED by the Parties, through their respective counsel, to stay this case pending final resolution of the Fayerweather action, including ceasing all motions, discovery, the currently scheduled January 13, 2014 hearing, and any other proceedings in the Poole v. Comcast action.

IT IS SO STIPULATED.

In accordance with Civil Local Rule 5.1(i)(3), the above signatory attests that concurrence in the filing of this document has been obtained from the signatory below.

PURSUANT TO STIPULATION, IT IS SO ORDERED.

All proceedings in this action are stayed until the Fayerweather action has reached a final decision, including all appeals. The parties shall file an update on the status of this matter every 120 days.


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