Case 2:16-cv RAJ Document 8 Filed 03/30/16 Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

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1 Case :-cv-00-raj Document Filed 0/0/ Page of The Honorable Richard A. Jones 0 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE SAMATAR ABDI, an individual, and AHMED HIRSI ABDIRAHMAN, vs. Plaintiffs, PROSPECT INTERNATIONAL AIRPORT SERVICES CORPORATION, a foreign corporation, Defendant. Case No. :-cv--raj STIPULATED MOTION FOR TEMPORARY STAY OF CASE FOR DAYS PENDING COMPLETION OF EARLY MEDIATION NOTED ON MOTION CALENDAR: March 0, Plaintiffs Samatar Abdi and Ahmed Hirsi Abdirahman, and Defendant Prospect International Airport Services Corp. hereby move on a stipulated and agreed basis for an order temporarily staying all litigation in this case for days while the Parties schedule, prepare for and complete mediation in an attempt to informally resolve this case at the earliest possible stage. In support of the Stipulated Motion, Plaintiffs and Defendant jointly state as follows:. On February,, Plaintiff Samatar Abdi commenced this civil class action by filing his original Complaint in the Washington State Superior Court for King County. Soon thereafter, Plaintiff Ahmed Hirsi Abdirahman joined the Action as named plaintiff via the filing of a First Amended Class Action Complaint. The First Amended Class Action Complaint is the current operative pleading in this action. On March,, Defendant removed the case from state court to this Court. STIPULATED MOTION TO STAY PROCEEDINGS - S.E. th Street, Suite Tel: () - Fax:() -00

2 Case :-cv-00-raj Document Filed 0/0/ Page of 0. Following removal of this action to this Court, lead counsel for the parties conferred on several occasions regarding the issues in this case and whether it would be wise to explore early mediation before undertaking significant litigation and motion practice relating to the validity of Plaintiffs claims and legal theories. The Parties also took into account the Court s practice of urging litigants to explore early settlement initiatives that might shorten the duration of this case and reduce the costs of litigation.. As part of the meet-and-confer discussions between counsel, Defendant has communicated its belief that it has several dispositive defenses to Plaintiffs claims. Those potential defenses include, but are not limited to, federal preemption under the Airline Deregulation Act, National Labor Relations Act and/or Railway Labor Act. Additionally, the Parties have discussed the fact that each Plaintiff s claims are potentially subject to a mandatory and binding class action waiver agreement that may preclude the Plaintiffs from bringing their claims on a class or other representative action basis.. As a result of these discussions, the Parties have agreed that before Plaintiffs further litigate their claims and before Defendant begins pursuing its defenses (including early motion practice), it is in the best interests of all to explore settlement of this matter by way of an early mediation. In line with that agreement, the Parties have also agreed to cooperate regarding exchanging information to allow an informed and thorough mediation process.. The Parties believe that in the next days, they can: () agree upon a neutral mediator and schedule a mediation session; () informally exchange the information necessary to prepare for that mediation; and () conduct the mediation. However, the Parties also agree that if they are simultaneously attempting to move formal litigation forward in the form of written discovery, depositions and motion practice, their ability to focus on the mediation process and move this matter toward potential resolution will be hindered and will substantially reduce the likelihood of an early resolution, as well as increasing costs.. In stipulating as stated herein and making the request for an order temporarily staying this action, the Parties agree that nothing in this stipulation shall be deemed by Plaintiffs STIPULATED MOTION TO STAY PROCEEDINGS - S.E. th Street, Suite Tel: () - Fax:() -00

3 Case :-cv-00-raj Document Filed 0/0/ Page of 0 as an acknowledgement of the validity of any claimed defenses. The Parties further agree that by stipulating to a stay, Defendant is not waiving any of its potential defenses, is not waiving the ability to bring any motion to dismiss any of the claims in the First Amended Class Action Complaint before or after answering the claims (or any other motion), and is not waiving the ability to seek enforcement of any agreement signed either by the Plaintiffs or any other putative class member. On the basis of the foregoing, the Parties request the Court to enter an order: IT IS SO STIPULATED. a. Staying this action for all purposes for a period of at least days so that the Parties can focus on and conduct early settlement efforts; and b. Scheduling a status hearing date for the Parties to file a joint report, or other event that will permit the Parties to update the Court on the progress of settlement efforts following the conclusion of the -day requested stay. DATED this 0 th day of March,. Badgley Mullins Turner PLLC s/duncan C. Turner Duncan C. Turner, WSBA No. Ballinger Way NE, Suite 0 Seattle, WA Telephone: () - /s/ Cleveland Stockmeyer Cleveland Stockmeyer, WSBA No. Cleveland Stockmeyer PLLC 0 Sunnyside Ave. N. Seattle, WA 0 Telephone: () - /s/ Daniel R. Whitmore Daniel R. Whitmore, WSBA No. 0 Law Office of Daniel R. Whitmore th Avenue West, Suite 0 Seattle, WA Telephone: () -00 STIPULATED MOTION TO STAY PROCEEDINGS - S.E. th Street, Suite Tel: () - Fax:() -00

4 Case :-cv-00-raj Document Filed 0/0/ Page of Attorneys for Plaintiffs /s/ Darren A. Feider Jeffrey A. James, WSBA # jaj@sebrisbusto.com Darren A. Feider, WSBA #0 dfeider@sebrisbusto.com S.E. th Street, Suite Tel: -- / Fax: --00 Attorneys for Defendant 0 STIPULATED MOTION TO STAY PROCEEDINGS - S.E. th Street, Suite Tel: () - Fax:() -00

5 Case :-cv-00-raj Document Filed 0/0/ Page of CERTIFICATE OF SERVICE I, Holly Holman, certify under penalty of perjury under the laws of the United States that, on March 0,, I caused to be served the attached document to the individual listed below in the manner shown next to his name: 0 Attorneys for Plaintiffs: Duncan Turner, WSBA # Badgley Mullins Turner PLLC Ballinger Way NE, Suite 0 Seattle, WA duncanturner@badgleymullins.com Cleveland Stockmeyer, WSBA # Cleveland Stockmeyer PLLC 0 Sunnyside Ave. N. Seattle, WA 0 cleve@clevelandstockmeyer.com Daniel R. Whitmore, #0 Law Office of Daniel R. Whitmore th Avenue West, Suite 0 Seattle, WA dan@whitmorelawfirm.com /s/ Holly Holman Holly Holman Via U.S. Mail By Fed Express Via Facsimile By Hand Delivery Via ABC Messenger Via Electronic Mail Via E-service STIPULATED MOTION TO STAY PROCEEDINGS - S.E. th Street, Suite Tel: () - Fax:() -00

Case 2:16-cv JCC Document 9 Filed 02/29/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE

Case 2:16-cv JCC Document 9 Filed 02/29/16 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE Case :-cv-00-jcc Document Filed 0// Page of Honorable John C. Coughenour 0 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT SEATTLE YASIN HUFUNE, an individual, and SAMATAR