Gripenstraw v. Blazin' Wings, Inc.

Filing 12

STIPULATION regarding case mediation; ORDER staying action through 12/31/2012; and ORDER continuing telephonic scheduling conference, signed by Magistrate Judge Sandra M. Snyder on 8/17/2012. (Telephonic Scheduling Conference previously set for 8/22/2012 has been CONTINUED to 1/30/2013 at 10:00 AM before Magistrate Judge Sandra M. Snyder) (Figueroa, O)

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BLUMENTHAL, NORDREHAUG &
BHOWMIK
NORMAN B. BLUMENTHAL, Bar No.
068687
KYLE R. NORDREHAUG, Bar No. 205975
APARAJIT BHOWMIK, Bar No. 248066
2255 Calle Clara
La Jolla, California 92037
Telephone: [phone]
Facsimile: 858.551.1232
Attorneys for Plaintiff
JAMES GRIPENSTRAW
STACEY E. JAMES, Bar No. 185651
MATTHEW E. FARMER, Bar No. 190484
LITTLER MENDELSON, P.C.
501 W. Broadway, Suite 900
San Diego, California 92101.3577
Telephone: [phone]
Facsimile: 619.232.4302
Attorneys for Defendant
BLAZIN’ WINGS, INC.
MATTHEW E. FARMER, Bar No. 190484
LITTLER MENDELSON, P.C.
5200 North Palm Avenue, Suite 302
Fresno, California 93704.2225
Telephone: [phone]
Facsimile: 559.244.7525
Attorneys for Defendant
BLAZIN’ WINGS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JAMES GRIPENSTRAW, an
individual, on behalf of himself and
on behalf of all persons similarly
situated,
Plaintiff,

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v.
BLAZIN’ WINGS, INC., d/b/a
BLAZIN’ WINGS, a Minnesota
Corporation; and Does 1 through 50,
Defendant.

Case No. 1:12-CV-00233-AWI-SMS
STIPULATION REGARDING
CASE MEDIATION
ORDER STAYING ACTION
THROUGH 12/31/12
ORDER CONTINUING
TELEPHONIC SCHEDULING
CONFERENCE

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Plaintiff JAMES GRIPENSTRAW (“Plaintiff”) and Defendant BLAZIN'

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WINGS, INC. (“Defendant”) (Plaintiff and Defendant collectively “Parties” or

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“Party” in the singular), by and through their respective counsel, hereby submit this

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Stipulation Regarding Materials and Information Provided for Purposes of Mediation.

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The Parties respectfully request the Court to enter an Order approving their Stipulation

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on the following grounds:
Whereas, the Parties have met and conferred and agreed on a private

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mediator, Mark Rudy and
Whereas, the parties have scheduled a mediation session on December 6,

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2012;

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IT IS SO STIPULATED AND AGREED AS FOLLOWS:

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1.

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The purposes of this Stipulation are:

Purposes

A.

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To protect the interests of all Parties during the pendency of

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negotiations and mediation concerning disputes relative to Plaintiff’s claims, asserted

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individually, representatively, and on behalf of a putative class, in the above captioned

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action (“Litigation”); and
B.

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To facilitate the resolution of the Litigation through good

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faith negotiations concerning the disputed claims with the express objective of seeking

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a final settlement.

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2.

No Admission Of Liability.

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The Parties expressly recognize and agree that entering into this

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Stipulation and undertaking discussions and mediation does not in any way constitute

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an admission of liability or any wrongdoing by any Party, and that all discussions and

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negotiations pursuant to this Stipulation will constitute conduct and statements made

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in an effort to compromise claims within the meaning of the Federal Rules of

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Evidence, Rule 408, and/or any similar state rule of evidence, and shall be

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inadmissible.

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3.

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When used in this Stipulation, the words “documents” and “information”

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shall have the broadest meanings possible and shall include, without limitation, all

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originals written, recorded or graphic matters and all copies thereof, as well as all

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electronic data, and all statements whether oral or written.
The Parties acknowledge that the following information shall be

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Confidentiality Of Information To Be Exchanged

available for use during the mediation process:
A.

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During the mediation process, the Parties may exchange

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information in a variety of forms, including but not limited to: (1) verbal, written and

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electronic communications; (2) production of documents; (3) interviews and/or

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depositions; (4) production of electronic databases; and (5) offers, promises, conduct

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and statements.

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mediation process, in any form, shall be subject to the terms of this Stipulation.

Any exchange of information between the Parties during the

B.

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The Parties agree that the entire mediation process,

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including any information or documents not otherwise discoverable and exchanged

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between the Parties and/or the mediator for the mediation (“Mediation Materials”),

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constitutes settlement discussions and shall remain confidential.

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Materials are privileged, exchanged for purposes of settlement and compromise only,

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provided without prejudice to any Party’s legal and/or factual position, and are

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inadmissible for any purpose in this or any other legal proceeding, including but not

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limited to impeachment, under Rule 408 of the Federal Rules of Evidence and/or any

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applicable federal or state statute, rule or common law provisions. The Parties

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specifically agree not to offer or reference Mediation Materials for any purpose

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whatsoever, including, but not limited to, proving bias or prejudice of a witness,

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negating a contention of undue delay, or for purposes of any investigation or the

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prosecution of any case.

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“Confidential: Exchanged for Settlement Purposes Only.”

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All Mediation

All tangible Mediation Materials shall be marked

C.

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Mediation Materials will not be disclosed to any third parties

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except as required by a court of competent jurisdiction or other legal process, provided

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that such information may be disclosed to the Parties and their representatives, and

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their counsel of record (including the lawyers, legal assistants, consulting and/or

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testifying experts, other third parties, and secretarial and clerical personnel who are

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employed by the Parties or by counsel’s law firms and who are engaged in assisting

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them in this litigation in this action), all of whom shall be advised of and shall agree in

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advance of receiving any such Mediation Materials to be personally bound by this

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Stipulation. To the extent the Parties retain any experts or consultants who participate

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in mediation or whose work product is disclosed in mediation, their identity and work

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product will constitute Mediation Materials, and each such expert or consultant will be

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advised of any provisions of this Stipulation and will agree to maintain the

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confidentiality of any such information. Notes and any other materials generated

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during the mediation by the mediator, the Parties, their experts, or otherwise created in

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connection with the mediation also shall be deemed Mediation Materials and shall not

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be subpoenaed by any Party or subject to discovery by the Parties.

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Materials shall be stored and maintained in such a manner that only the individuals

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identified above who are permitted to review the information may have access to it.
D.

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Mediation

The Parties may not, in the course of litigation (including

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discovery), make any reference to the exchange of Mediation Materials or the

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Mediation Materials themselves. All statements by the Parties, their counsel, or the

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Mediator relating to the mediation, and any documents created exclusively for or

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during these proceedings, are inadmissible and not discoverable for any purpose, in

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any pending or subsequent judicial, quasi-judicial, arbitration, or any other

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proceeding, except to enforce the terms of any written settlement agreement signed by

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the Parties or their counsel or to request the stay or provide routine status updates or

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mediation results to the Court.

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4.

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Return Of Mediation Materials
A.

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At the completion of mediation, whether successful or

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unsuccessful, the Parties agree that all tangible Mediation Materials (documents,

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electronic data of any kind and all other tangible things), together with any copies

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made of same, will promptly be returned to counsel for the producing Party, although

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the Parties may jointly agree in writing to extend the deadline for return during the

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course of any continued settlement discussions up to and including any order granting

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final approval to a class settlement.
B.

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This Stipulation shall not prejudice the ability of any Party

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to later seek any Mediation Materials through the normal course of discovery.

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Further, the Parties to this Stipulation reserve the right to make all appropriate

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objections to discovery requests that seek Mediation Materials including the right to

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seek a protective order to prevent or limit their disclosure.
C.

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The Court’s Order on this Stipulation shall survive the final

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determination of this action and shall remain in full force and effect after conclusion

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of all proceedings herein to provide the Court with ancillary jurisdiction to enforce its

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terms.
D.

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The

recipients

of

Mediation

Materials

have

the

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responsibility, through counsel, to advise each other of any losses or compromises of

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the confidentiality of information or documents governed by this Stipulation. Each

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designating Party has the responsibility of notifying the other Party if any Mediation

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Materials are subsequently no longer maintained in a confidential manner or they are

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disclosed or used in a manner which no longer preserves their confidentiality, or if the

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designating Party no longer considers the materials to be confidential. Nothing herein

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shall be construed to limit in any way the Parties’ use or disclosure of their own

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lawfully and properly obtained documents, materials, or information designated as

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Mediation Materials.

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5.

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Continuing Stay Of Action And Continuance Of Case

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Management Conference

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A.

This entire action is presently stayed through August 23,

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2012.

In order to focus their efforts upon mediation and possible early case

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resolution, the Parties wish to extend the stay through December 31, 2012.
B.

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In addition, and also in an effort to focus upon mediation

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and potential case settlement, the Parties wish to continue the due date for the Joint

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Status Conference Report (presently due August 15, 2012) and the date of the next

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case status conference (presently set for August 22, 2012). The Parties wish to

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continue both of the foregoing dates to times convenient with the Court that are at

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least a month after a lifting of the continued last day of the stay.

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Dated: August 15, 2012

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By: /s/ Aparajit Bhowmik
APARAJIT BHOWMIK
BLUMENTHAL, NORDREHAUG
& BHOWMIK
Attorneys for Plaintiff
JAMES GRIPENSTRAW

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Dated: August 15, 2012

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By: /s/ Matthew E. Farmer
MATTHEW E. FARMER
LITTLER MENDELSON, P.C.
Attorneys for Defendant
BLAZIN’ WINGS, INC.

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/

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ORDER

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Based on the foregoing stipulation of the Parties, IT IS HEREBY

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ORDERED as follows:
1.

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Mediation and settlement discussions between the Parties shall

proceed upon the terms and conditions outlined above.

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2.

The entire action is STAYED to and through December 31, 2012.

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3.

The Telephonic Scheduling Conference is CONTINUED from

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August 22, 2012 at 10:00 a.m. before Judge Snyder (Doc. 7) to January 30, 2013 at

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10:00 a.m. before Judge Snyder, via a single conference call to chambers at (559) 499-

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5690, to be initiated by Plaintiff’s counsel.
4.

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If the case is resolved prior to thereto, a Stipulation & Proposed

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Order for Dismissal shall be e-filed and e-mailed to [e-mail] for

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consideration and/or approval.

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(Doc. 6) shall be e-filed by January 23, 2013.

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Otherwise, an Amended Joint Scheduling Report

IT IS SO ORDERED.

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Dated:

August 17, 2012

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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/s/ Sandra M. Snyder

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