Borelli v. Black Diamond Aggregates, Inc.

Filing 33

ORDER signed by Judge Kimberly J. Mueller on 4/15/15 ORDERING that this case is referred to private mediation according to the terms of the parties' 29 stipulation. The two pending motions 9 , 19 , shall remain pending until the parties notify the court of the mediation's result. At that time, if the case has not settled, the motions shall be submitted. (Kastilahn, A)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12

EDWARD BORELLI, individually, and on
behalf of all others similarly situated,
Plaintiff,

13
14
15

v.

No. 2:14-cv-02093-KJM-KJN

ORDER

BLACK DIAMOND AGGREGATES,
INC. and DOES 1 through 10,

16

Defendants.

17
On March 27, 2015, the court held a hearing in this matter on two pending

18
19

motions: defendants’ motion to compel arbitration (ECF No. 9) and plaintiff’s motion to amend

20

the operative complaint (ECF No. 19). At the hearing, in addition to entertaining arguments on

21

the motions’ merits, the court directed the parties to meet and confer and notify the court whether

22

they would stipulate to private mediation and to plaintiff’s filing of an amended complaint. (ECF

23

No. 27.) On April 3, 2015, the parties filed a stipulation, agreeing to private mediation with

24

retired Judge Richard L. Gilbert, to be completed by July 31, 2015. (ECF No. 29.) The parties

25

were unable to stipulate to plaintiff’s filing of an amended complaint. (ECF Nos. 30, 31.)

26

/////

27

/////

28

/////
1

1

After considering the parties’ stipulation, the court orders as follows:

2

1. This case is referred to private mediation according to the terms of the parties’

3
4

stipulation. (ECF No. 29.)
2. The two pending motions (ECF Nos. 9, 19), shall remain pending until the

5

parties notify the court of the mediation’s result. At that time, if the case has

6

not settled, the motions shall be submitted.

7
8

IT IS SO ORDERED.
DATED: April 15, 2015.

9
10
UNITED STATES DISTRICT JUDGE

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2