Alexander et al v. FedEx Ground Package System, Inc. et al

Filing 104

ORDER re 103 Stipulation of dismissal as to Plaintiff Dean Wiley only. Signed by Judge Edward M. Chen on 4/24/15. (bpf, COURT STAFF) (Filed on 4/24/2015)

Case3:15-cv-00928-EMC Document13 Filed04/23/15 Page1 of 3

1 ERIC J. TROUTMAN (State Bar No. 229263)
[e-mail]
2 IVETTE ZAMORA (State Bar No. 286243)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 The Atrium
19100 Von Karman Avenue, Suite 700
5 Irvine, California 92612
Telephone: [phone]
6 Facsimile: [phone]
7 MARK D. LONERGAN (State Bar No. 143622)
SEVERSON & WERSON
8 A Professional Corporation
One Embarcadero Center, Suite 2600
9 San Francisco, California 94111
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendant
WELLS FARGO BANK, N.A.
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15 FELICIA LONGMIRE,
16
17

Case No. 3:15-CV-00928-EMC

Plaintiff,
vs.

JOINT STIPULATION TO STAY
ACTION PENDING ARBITRATION

18 WELLS FARGO BANK, NATIONAL
ASSOCIATION,
19
Defendant.
20
21
22

Pursuant to the express terms of the Consumer Account Agreement & Disclosure

23 Statement, out of which the subject of the Complaint filed in this matter arises, plaintiff FELICIA
24 LONGMIRE (“Plaintiff”), and defendant WELLS FARGO BANK, N.A. (“Wells Fargo”)
25 (collectively Wells Fargo and Plaintiff may be referred to as the “parties”), hereby stipulate that
26 this matter shall be referred to binding arbitration, and that this matter will be stayed pending the
27 completion of the arbitration.
28

The parties, through their respective counsel of record, stipulate and agree to the terms as
07685.1461/4065714.1

JOINT STIPULATION FOR ARBITRATION AND STAY OF CASE

Case3:15-cv-00928-EMC Document13 Filed04/23/15 Page2 of 3

23

/s/ Ivette Zamora

Case3:15-cv-00928-EMC Document13 Filed04/23/15 Page3 of 3

PROOF OF SERVICE

I
2
J

At the time of service, I was over 18 years of age and not a party to thi¡ action. I am
employed in the County of Oiange, State of Õatifornia. _My business address is The Atrium,
19i0O-Von Karman Avenue, Suite 700, Irvine, CA92612.

4

on April 23,2015,I served true copies of the following document(s):

5

JOINT STIPULATION TO STAY ACTION PENDING ARBITRATION

6

on the interested parties in this action as follows:

7

I
9

Ryan Lee, Esq.
Matthew A. Rosenthal, Esq.
Krohn & Moss, Ltd.
10474 Santa Monica Blvd., Suite 405
Los Angeles, CA 90025

10
11

12

Attorneys for Plaintiff
Felicia Longmire

Telephone: (323)

988-2400
[phone]
Facsimile:
rlee@consumerlawcenter. com
mro senthal lâconsumerl awcenter. com

BY CM/ECF NOTICE OF ELtrCTRONIC FILING: I electronically filed the
document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
who are registered CM/ECF users will be ierved by the CM/ECF system. Participants in the case
who are no-t registered CM/ECF users will be served by mail or by other means permitted by the

13

court rules.

T4

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and córrect. I de^clai'e ihat I am employed in the office of a member of the bar of
this Court at whose direction the service was made.

15

t6

Executed on April 23,2015, at Irvine, California.

I7
18

ohnson

t9
20

2t
22
23

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25

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0768s.146U40657l4.l

JOINT STIPULATION FOR ARBITRATION AND STAY OF CASE

Case3:15-cv-00928-EMC Document13-1 Filed04/23/15 Page1 of 3

1 ERIC J. TROUTMAN (State Bar No. 229263)
[e-mail]
2 IVETTE ZAMORA (State Bar No. 286243)
[e-mail]
3 SEVERSON & WERSON
A Professional Corporation
4 The Atrium
19100 Von Karman Avenue, Suite 700
5 Irvine, California 92612
Telephone: [phone]
6 Facsimile: [phone]
7 MARK D. LONERGAN (State Bar No. 143622)
SEVERSON & WERSON
8 A Professional Corporation
One Embarcadero Center, Suite 2600
9 San Francisco, California 94111
Telephone: [phone]
10 Facsimile: [phone]
11 Attorneys for Defendant
WELLS FARGO BANK, N.A.
12
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15 FELICIA LONGMIRE,
16
17

Case No. 3:15-CV-00928-EMC

Plaintiff,
vs.

[PROPOSED] ORDER GRANTING THE
JOINT STIPULATION TO STAY
ACTION PENDING ARBITRATION

18 WELLS FARGO BANK, NATIONAL
ASSOCIATION,
19
Defendant.
20
21
22
23
24
25
26
27
28
07685.1461/4067384.1

[PROPOSED] ORDER GRANTING
JOINT STIPULATION FOR ARBITRATION AND STAY OF CASE

Case3:15-cv-00928-EMC Document13-1 Filed04/23/15 Page2 of 3

ORDER

1
2

Pursuant to the Joint Stipulation for Arbitration and to Stay Action of Plaintiff Felicia

3 Longmire and Defendant Wells Fargo, and GOOD CAUSE APPEARING:
IT IS HEREBY ORDERED that:

5

1.

The parties shall submit to binding nonjudicial arbitration;

6

2.

The arbitration shall be conducted through JAMS or AAA;

7

3.

Defendant shall timely pay all fees associated with the arbitration; and

8

4.

CT
This action shall be STAYED in its entirety until the arbitration has beenC
TE

NO

12

RT

4/24
DATED: _______________, 2015

H

IS T RIC T

15

17

en

d M. Ch

dwar
Judge E

HONORABLE ROBERT GLUSMAN
ER
C
N M.
EDWARDD CHEN
OF

14

16

R NIA

See paragraph below.

IT IS S
IFIED
S MOD
A

FO

11 ___________________, 2015.

13

D

A status conference regarding the completion of the arbitration RDERE
O Ois set for

LI

5.

TA

A

10

UNIT
ED

9 completed.

S DISTRI

RT
U
O

S

4

Parties are hereby ORDERED to file a notice with this Court within 14 days from the
conclusion of arbitration. An initial case management conference is set for 1/28/16 at
9:30 a.m. and a joint case management statement is due 1/21/16.

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25
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27
28
07685.1461/4067384.1

2
[PROPOSED] ORDER GRANTING
JOINT STIPULATION FOR ARBITRATION AND STAY OF CASE

Case3:15-cv-00928-EMC Document13-1 Filed04/23/15 Page3 of 3

PROOF OF SERVICE

I
2

At the time of service, I was over 18 years of age and not a party to this action. I am
employed in the County of Orange, State of Callforqla, $Y business address is The Atrium,
19100'Von Karman Avenue, Suite 700, Irvine, CA92612'
_

J

4

On April 23,2015, I served true copies of the following document(s):

5

IPROPOSED] ORDER GRANTING THE JOINT STIPULATION TO STAY
ACTION PENDING ARBITRATION

6

on the interested parties in this action as follows:
7
8

9

Ryan Lee, Esq.
Matthew A. Rosenthal, Esq.
Krohn & Moss, Ltd.
10474 Santa Monica Blvd., Suite 405
Los Angeles, CA 90025

10

Attorneys for Plaintiff
Felicia Longmire

Telephone: [phone]

Facsimile:

[phone]
rlee@consumerlawcenter. com
mro senthal @,consumerlawcenter. com

11

BY CMÆCF NOTICE OF ELECTRONIC FILING: I electronically filed the
t2 document(s) with the Clerk of the Court by using the CM/ECF system. Participants in the case
who are registered CM/ECF users will be served by the CM/ECF system. Participants in the case
l3 who are no-t registered CM/ECF users will be served by mail or by other means permitted by the
court rules.

I4
15

I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.'t deðlaie ihat I am employed in the office of a member of the bar of
this Court at whose direction the service was made.

I6
Executed on April 23,2015, at Irvine, California.

t7
18

t9

Johnson

20

2l
22
23

24
25

26
27
28
07 685 .t461/4067384.1

IPROPOSEDI ORDER GRANTING
JOINT STIPULATION FOR ARBITRATION AND STAY OF CASE