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Mercado v. Halliburton Energy Services, Inc.

United States District Court, E.D. California

July 19, 2016

DAVID SANDOVAL MERCADO, an individual; and WILLIAM CHENOWETH, an individual, Plaintiffs,
v.
HALLIBURTON ENERGY SERVICES, INC., a Delaware corporation, Defendant.

          David Sandoval Mercado, Plaintiff, represented by Michael Lion Tracy, Law Office of Michael Tracy.

          William Chenoworth, Plaintiff, represented by Michael Lion Tracy, Law Office of Michael Tracy.

          Halliburton Energy Services, Inc., Defendant, represented by Jena Mary Harlos, Wanger Jones Helsley PC & Michael S. Helsley, Wanger Jones Helsley PC.

          STIPULATION AND [PROPOSED] ORDER TO STAY ALL PROCEEDINGS PENDING BINDING ARBITRATION (Doc. 10)

          JENNIFER L. THURSTON, Magistrate Judge.

         RECITALS

         WHEREAS, Plaintiffs David Sandoval Mercado and William Chenoweth (collectively, "Plaintiffs") filed a Complaint in this action on April 20, 2016, against Defendant Halliburton Energy Services, Inc. ("Defendant");

         WHEREAS, the claims alleged by Plaintiffs in their Complaint arise out of their employment relationship with Defendant;

         WHEREAS, Plaintiffs agreed as a term and condition of their employment that all claims arising out of their employment relationship with Defendant must be submitted to binding arbitration in accordance with the terms of the Halliburton Company Dispute Resolution Program ("Halliburton DRP");

         WHEREAS, on June 16, 2016, Plaintiff Chenoweth submitted a Demand for Arbitration to JAMS, Defendant responded on July 7, 2016, and an arbitrator was appointed on July 12, 2016, and a telephone conference to set an arbitration date is set for July 25, 2016;

         WHEREAS, Plaintiff Mercado agrees all of his claims in this litigation are subject to binding arbitration in accordance with the Halliburton DRP and will submit a Demand for Arbitration to either JAMS or AAA on or before August 1, 2016;

         WHEREAS, prior to binding arbitration, the Parties may elect to voluntarily attend mediation; and

         WHEREAS, the Parties agree that proceedings in this Court shall be stayed pending the completion of mediation and/or binding arbitration. The Parties further agree that this Court shall retain jurisdiction to confirm the arbitration award, if any, and to enter judgment, if any, for the purposes of enforcement.

         STIPULATION

         Plaintiffs and Defendant, by and through their attorneys of record, ...


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