Borromeo v. 99 Cents Only Stores

Filing 11

STIPULATION and ORDER signed by Judge Morrison C. England, Jr. on 04/14/11 ORDERING that this case is STAYED pending an arbitration to be held if the dispute is not resolved through mediation. If the parties resolve the case through private mediation , they shall file a dismissal with prejudice with this Court. Absent the filing of such a dismissal with prejudice, the parties shall proceed in arbitration and report back to the Court when the arbitration is complete. The parties shall file a Joint Status report on the status of the case w/i 90 day. (Benson, A.)

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MALCOLM A. HEINICKE (SBN 194174)
[e-mail]
VICTORIA L. BOESCH (SBN 228561)
[e-mail]
MUNGER, TOLLES & OLSON LLP
560 Mission Street
Twenty-Seventh Floor
San Francisco, CA 94105-2907
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
99 CENTS ONLY STORES

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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IRENE BORROMEO,
Plaintiff,

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CASE NO. 2:11-cv-00149-MCE-KJN
STIPULATION AND ORDER STAYING
CASE PENDING ARBITRATION

vs.
Judge:

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Hon. Morrison C. England, Jr.

99 CENTS ONLY STORES,
Defendant.

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13698104.1

STIP AND [PROPOSED] ORDER STAYING
CASE PENDING ARBITRATION
2:11-CV-00149 -MCE-KJN

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WHEREAS, this suit was filed by Plaintiff Irene Borromeo on January 14, 2011;

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WHEREAS, Defendant 99 Cents Only Stores has asserted that the dispute is

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subject to binding arbitration under the terms of an agreement attached as Exhibit A to this

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stipulation;

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WHEREAS, Plaintiff and her counsel have agreed that the case should be stayed
for arbitration to proceed if the dispute cannot be resolved through mediation;

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WHEREAS, the parties have agreed to participate in a private mediation;

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IT IS HEREBY STIPULATED that the parties and their counsel jointly request

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that this case be stayed pending arbitration proceedings to be held if the dispute is not resolved

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through mediation. If the parties resolve the case through private mediation, they will file a

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dismissal with prejudice with this Court. Absent the filing of such a dismissal with prejudice, the

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parties will proceed in arbitration pursuant to the agreement and report back to the Court when

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the arbitration is complete.

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DATED: April 12, 2011

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Munger, Tolles & Olson LLP
MALCOLM A. HEINICKE
VICTORIA L. BOESCH

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By:

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s/ Victoria L. Boesch
VICTORIA L. BOESCH

Attorneys for Defendant
99 CENTS ONLY STORES

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DATED: April 12, 2011

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Legal Aid Society Employment Law Center
ELIZABETH KRISTEN
TAMIKA LA KUE BUTLER

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By: s/ Elizabeth Kristen (authorized 4/12/11)
ELIZABETH KRISTEN

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Attorneys for Plaintiff
IRENE BORROMEO

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13698104.1

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STIP AND [PROPOSED] ORDER STAYING
CASE PENDING ARBITRATION
2:11-CV-00149 -MCE-KJN

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In accordance with the foregoing stipulation, the Court orders this case stayed

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pending an arbitration to be held if the dispute is not resolved through mediation. If the parties

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resolve the case through private mediation, they shall file a dismissal with prejudice with this

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Court. Absent the filing of such a dismissal with prejudice, the parties shall proceed in arbitration

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pursuant to the attached agreement and report back to the Court when the arbitration is complete.

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The parties shall file a Joint Status report on the status of the case not later than
ninety (90) days after the date this Order is electronically filed.

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IT IS SO ORDERED.

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Date: April 14, 2011

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__________________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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c4d6b0d3

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13698104.1

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STIP AND [PROPOSED] ORDER STAYING
CASE PENDING ARBITRATION
2:11-CV-00149 -MCE-KJN