Maynard v. The University of Phoenix, Inc., a subsidiary of Apollo Education Group, Inc.,

Filing 9

STIPULATION and ORDER Submitting Action to Binding Arbitration, signed by Magistrate Judge Sandra M. Snyder on 4/29/2015. (Kusamura, W)

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LITTLER MENDELSON, P.C.
MATTHEW E. FARMER, Bar No. 190484
IRENE V. FITZGERALD, Bar No. 266949
5200 North Palm Ave., Suite 302
Fresno, California 93704.2225
Telephone: [phone]
Facsimile: 559.244.7525
Attorneys for Defendant
THE UNIVERSITY OF PHOENIX, INC., a
subsidiary of APOLLO EDUCATION
GROUP, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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TAMARA MAYNARD,

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Plaintiff,

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v.

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Case No. 1:15-CV-00547---SMS
STIPULATION AND ORDER
SUBMITTING ACTION TO
BINDING ARBITRATION

THE UNIVERSITY OF PHOENIX,
INC., a subsidiary of APOLLO
EDUCATION GROUP, INC., and
DOES 1 through 100, inclusive,

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Defendants.

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Plaintiff Tamara Maynard, acting through her counsel, Todd B. Barsotti,

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A Professional Law Corporation, and Defendant the University of Phoenix, Inc. a

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subsidiary of Apollo Education Group, Inc., acting through its counsel, Matthew E.

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Farmer, of the law firm of Littler Mendelson, P.C., hereby agree and stipulate that:

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WHEREAS, the Complaint in this matter was filed on February 27, 2015,

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in Fresno County Superior Court, alleging claims for (1) Discrimination Based on

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Disability of Medical Condition; (2) Unlawful Retaliation, Gov’t Code §12940; and

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(3) Failure to Pay Wages;

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LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order Submitting
Action to Binding Arbitration

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WHEREAS, Plaintiff filed her First Amended Complaint on March 18,

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2015, in Fresno County Superior court, alleging claims for (1) Discrimination Based

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on Disability of Medical Condition; (2) Unlawful Retaliation, Gov’t Code §12940; (3)

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Failure to Pay Wages; and (4) Defamation;

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WHEREAS, on April 8, 2015, Defendant removed this matter to Federal

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Court based on diversity jurisdiction in that Plaintiff and Defendant are citizens of

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different states and the amount in controversy exceeds $75,000.00;

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WHEREAS Plaintiff executed an acknowledgment dated November 14,

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2012, agreeing to submit to arbitration “any dispute arising out of or related to” her

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employment with Defendant, a true and correct copy of which is attached hereto as

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Exhibit "A", and;

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Therefore, subject to the approval of this Court, it is hereby stipulated
and agreed that:

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1)

written arbitration agreement signed by Plaintiff;

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2)

All proceedings in this action shall be stayed pending the

completion of the arbitration;

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This action shall be submitted to binding arbitration pursuant to the

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Defendant confirms that it will pay for the entire cost of arbitration

(meaning the arbitration forum fees and arbitrator fees);

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4)

The award of the arbitrator shall constitute a final determination of

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the matter as to all parties and all claims, and shall be submitted as the judgment in

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this action.

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LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order Submitting
Action to Binding Arbitration

2.

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Dated: April _____, 2015

LITTLER MENDELSON, P.C.
IRENE V. FITZGERALD

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By:/s/
MATTHEW E. FARMER
Attorneys for Defendant
THE UNIVERSITY OF PHOENIX,
INC., a subsidiary of APOLLO
EDUCATION GROUP, INC.

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Dated: April _____, 2015

TODD B. BARSOTTI
A PROFESSIONAL LAW
CORPORARTION

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By:/s/
TODD B. BARSOTTI
Attorneys for Plaintiff
TAMARA MAYNARD

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ORDER

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Pursuant to this Stipulation, IT IS SO ORDERED that this action be compelled to

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final and binding arbitration and that the action is stayed pending completion of

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arbitration.

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IT IS SO ORDERED.
Dated:

April 29, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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LITTLER MENDELSON, P.C.
5200 North Palm Avenue
Suite 302
Fresno, CA 93704.2225
559.244.7500

Stipulation and [Proposed] Order Submitting
Action to Binding Arbitration

3.