Bricker v. Ethos Management Partners LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOHN BRICKER, Individually and for Others
Similarly Situated,
Plaintiff,
vs.
ETHOS MANAGEMENT PARTNERS LLC,
Defendant.
Case No. 2:25-cv-01045-GJF-KRS
ORDER GRANTING JOINT MOTION TO STAY, TOLL, AND MEDIATE
This matter is before the Court on the parties’ Joint Motion to Stay, Toll, and Mediate
(“Motion”) (Doc. 15). Finding good cause and noting the agreement of the parties, the Motion is
GRANTED and it is ORDERED that:
1. 	The Initial Scheduling Order [13] is VACATED and all pending deadlines are stayed
to allow the parties to conduct settlement discussions and attend mediation.
2. 	The stay shall be in effect for 120 days, or until July 6, 2026.
3. 	To facilitate a productive mediation, Ethos Management Partners will obtain and
confidentially produce pay records (for Plaintiff and known opt-ins), anonymous pay data, pay code
explanations, written materials regarding bonuses, to the extent they exist, policies, timesheets/time
records, identification numbers, and dates of employment for the “Hourly Employees” who are
working or worked for Ethos Management Partners and who received bonuses during the three-year
limitations period. The Parties agree that pay and timekeeping data will be produced in an excel or
other similar format, to the extent feasible.
4. 	To provide the Parties with sufficient time to engage in such informal discovery, the
statute of limitations is tolled by agreement of the parties as of March 2, 2026, for any FLSA claims of
the putative collective of Hourly Employees’ (as defined in Paragraph 3) while the parties engage in
Case 2:25-cv-01045-GJF-KRS Document 16 Filed 03/06/26 Page 1 of 3

2
settlement discussions. Either party may terminate this tolling agreement in writing with 10 days
advance notice.
5, 	If the parties are able to resolve this matter, they shall file a notice on the docket within
five business days of entering into an agreement to settle.
6. 	If the parties are unable to resolve this matter prior to July 6, 2026, (a) the parties shall
file a joint notice on the docket within 5 business days of the expiration of the stay notifying the Court
of the failure to settle; (b) the parties shall file a Joint Status Report and Provisional Discovery Plan
within 10 days of the end of the stay; and (c) Defendant Ethos Management Partners shall file its
answer to the complaint within 7 days of the expiration of the stay.
IT IS SO ORDERED this 6th day of March, 2026.
__________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE
SUBMITTED BY:
LITTLER MENDELSON, P.C.
Jay J. Athey (NM Bar No. 149270)
jathey@littler.com
201 Third Street NW
Suite 1950
Albuquerque, New Mexico 87102
Telephone: 	505.944.9680
Facsimile: 	505.994.9681
John H. Lassetter (Pro Hac Vice forthcoming)
jlassetter@littler.com
Brendan C. Johnson (Pro Hac Vice forthcoming)
bcjohnson@littler.com
LITTLER MENDELSON, P.C.
1300 IDS Center
80 South 8th Street
Case 2:25-cv-01045-GJF-KRS Document 16 Filed 03/06/26 Page 2 of 3

3
Minneapolis, Minnesota 55402.2136
Telephone: 	612.630.1000
Facsimile: 	612.630.9626
Counsel for Defendant
APPROVED BY:
/s/ Travis J. Grefenstette (with permission)
Michael A. Josephson
Andrew W. Dunlap
Travis J. Grefenstette
JOSEPHSON DUNLAP, LLP
11 Greenway Plaza, Suite 3050
Houston, Texas 77046
mjosephson@mybackwages.com
adunlap@mybackwages.com
tgrefenstette@mybackwages.com
Richard J. (Rex) Burch
BRUCKNER BURCH, PLLC
11 Greenway Plaza, Suite 3025
Houston, Texas 77046
rburch@brucknerburch.com
Counsel for Plaintiff
Case 2:25-cv-01045-GJF-KRS Document 16 Filed 03/06/26 Page 3 of 3