Smith v. Inflection Risk Solutions, LLC

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STIPULATION TO STAY DISCOVERY AND ADJOURN CMC
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Stephen T. Jones, Bar No. 361613
stephen@fcraattorneys.com
Jaffer & Associates PLLC
5301 Alpha Road
Suite 80-5
Dallas, TX 75240
Telephone: 214-945-0000
Attorneys for Plaintiff
CORY CORDELL SMITH
Rod M. Fliegel, Bar No. 168289
rfliegel@littler.com
LITTLER MENDELSON, P.C.
101 Second Street, Suite 1000
San Francisco, California 94105
Telephone: 415.433.1940
Fax No.: 415.399.8490
William J. Simmons (pro hac vice)
wsimmons@littler.com
LITTLER MENDELSON, P.C.
1601 Cherry Street, Suite 1400
Philadelphia, PA 19102
Telephone: 267.402.3047
Attorneys for Defendant
INFLECTION RISK SOLUTIONS, LLC
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
CORY CORDELL SMITH,
Plaintiff,
v.
INFLECTION RISK SOLUTIONS, LLC,
Defendant.
Case No. 4:25-cv-07620-TSH
STIPULATION TO STAY DISCOVERY
AND ADJOURN CASE MANAGEMENT
CONFERENCE PENDING
RESOLUTION OF MOTION TO
COMPEL ARBITRATION; ORDER
Honorable Thomas S. Hixson
Trial Date: None yet.
Complaint Filed: September 8, 2025
Case 3:25-cv-07620-TSH Document 35 Filed 01/13/26 Page 1 of 3

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STIPULATION TO STAY DISCOVERY AND ADJOURN CMC
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STIPULATION AND ORDER
Pursuant to Local Civil Rule 6-1(b) and 6-2, Plaintiff Cory Cordell Smith and Defendant
Inflection Risk Solutions, LLC, hereby stipulate to stay discovery and adjourn the Case Management
Conference presently scheduled for January 12, 2026 at 2:00 p.m. (Dkt. 17) and vacating attendant
deadlines pending the resolution of Defendant’s Motion to Stay and Compel Arbitration (Dkt. 20) and
request a Court order approving their stipulation as follows:
1. On November 20, 2025, after meeting and conferring with Plaintiff and being unable
to reach agreement, Defendant filed its Motion to Stay and Compel Arbitration (“the Motion”),
arguing that Plaintiff is barred by his individual agreement to arbitrate from proceeding with litigation
in this Court. See Dkt. 20.
2. Plaintiff opposed the Motion and does not waive any rights, claims or defenses to the
Motion by entering into this Stipulation. Defendant likewise does not waive any rights, claims or
defenses (including its position that Plaintiff is bound to arbitrate) by entering into this Stipulation.
3. The Motion is now fully-briefed and set for a hearing date of January 13, 2026. See
Dkt. 20, 24, 25.
4. Part of Plaintiff’s opposition included a request, in the alternative, for an evidentiary
hearing. See Dkt. 24. Defendant opposes that request and denies any evidentiary hearing is necessary.
See Dkt. 25.
5. Regardless of the Parties’ competing positions on the Motion, they have met and
conferred and agree that at this time it is most efficient for the Parties and Court to stay discovery and
the Case Management Conference (and attendant deadlines thereto) until it is determined, via
resolution of the Motion, whether the case will continue in ligation in this Court at all or whether the
Court lacks jurisdiction because Plaintiff is bound to arbitrate his claims (and any discovery related
thereto) before an arbitrator rather than in this Court. Engaging in discovery or submitting materials
required for the Case Management Conference could present unnecessary cost and duplication of
efforts depending on the nature of the Court’s resolution of the Motion. Meanwhile, as this case was
just recently filed and no scheduling order has been entered, granting the stipulated relief would have
no material impact on the schedule for the case.
Case 3:25-cv-07620-TSH Document 35 Filed 01/13/26 Page 2 of 3

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STIPULATION TO STAY DISCOVERY AND ADJOURN CMC
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6. As the Court has the inherent power to manage its docket for, among other things,
efficient use of the Court’s and Parties’ resources, the Parties agree it would be proper for the Court
to approve their stipulation, stay discovery, and adjourn the Case Management Conference pending
resolution of the Motion.
7. The Case Management Conference has not been previously adjourned and no previous
stay of discovery has been entered. Pursuant to Local Civil Rule 6-1(b), this Stipulation is filed more
than 14 days before the scheduled Case Management Conference it seeks to adjourn.
8. Therefore, the Parties hereby stipulate and agree, subject to Court order approving their
stipulation, that: (1) discovery should be stayed pending the Court’s resolution of the Motion; (2) the
Case Management Conference currently scheduled for January 12, 2026 at 2:00 p.m. should be
adjourned and all attendant deadlines related thereto vacated; and (3) following the Court’s resolution
of the Motion, if necessary based on the Court’s decision, the Court should reset the Case Management
Conference for a date convenient for the Court.
IT IS SO STIPULATED.
Dated: December 18, 2025 LITTLER MENDELSON, P.C.
/s/ Rod M. Fliegel
Rod M. Fliegel
Attorneys for Defendant
INFLECTION RISK SOLUTIONS, LLC
Dated: December 18, 2025 Jaffer & Associates PLLC
/s/ Stephen Jones
Stephen Jones
Attorneys for Plaintiff
CORY CORDELL SMITH
ORDER APPROVING STIPULATION
IT IS SO ORDERED.
DISCOVERY IS HEREBY STAYED PENDING RESOLUTION OF DEFENDANT’S MOTION
TO COMPEL ARBITRATION (Dkt. 20), THE CASE MANAGEMENT CONFERENCE
SCHEDULED FOR JANUARY 12, 2026 (Dkt. 17) AND ALL ATTENDANT DEADLINES ARE
HEREBY VACATED. IF NECESSARY, THE COURT SHALL RE-SET THE CASE
MANAGEMENT CONFERENCE AT A FUTURE DATE.
Hon. Thomas S. Hixson
Case 3:25-cv-07620-TSH Document 35 Filed 01/13/26 Page 3 of 3