Martin v. Lumetra Co., Inc.

Filing 11

STIPULATION AND ORDER REFERRING CASE to Mediation., CASE MANAGEMENT SCHEDULING ORDER: Case Management Conference set for 2/25/2010 02:30 PM. VIA TELEPHONE. Signed by Judge ARMSTRONG on 10/16/09. (lrc, COURT STAFF) (Filed on 10/21/2009)

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Diego Acevedo (State Bar No. 244693) email: [e-mail] Sarah F. Peterman (State Bar No. 227082) Email: [e-mail] Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff JAY E. MARTIN UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

JAY E. MARTIN on behalf of himself and all others similarly situated, Plaintiff, vs. LUMETRA CO., INC., Defendant.

Case No. CV 09-3478 STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS_____________

Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5: The parties agree to participate in the following ADR process: Court Processes: ___ Non-binding Arbitration (ADR L.R. 4) ___ Early Neutral Evaluation (ENE) (ADR L.R. 5) X Mediation (ADR L.R. 6) (Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an

STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS CASE NO. CV 09-3478

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

ADR phone conference and may not file this form. The must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5) Private Process: ___ Private ADR (please identify process and provider) ______________________

The parties agree to hold the ADR session by: ___ the presumptive deadline (the deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered.) X other requested deadline: The parties are already engaged in settlement negotiations. Therefore, so as to allow adequate time to continue these settlement negotiations, the parties jointly request that the mediation to which they hereby stipulate not be scheduled until a date that is 120 days from the Initial Case Management Conference (i.e., a date no earlier than March 5, 2010). FARELLA BRAUN & MARTEL LLP

Dated: October 15, 2009 I represent that concurrence in the filing of this document has been obtained from the other signatory, which shall serve in lieu of his signature on this document.

By: _/s/ Sarah F. Peterman______________ Sarah F. Peterman Attorneys for Plaintiff JAY E. MARTIN LANKENAU & MILLER, LLP Stuart J. Miller (SJM 4276) 132 Nassau Street, Suite 423 New York, NY 10038 Telephone: [phone] Facsimile: [phone] THE GARDNER FIRM, P.C. Mary E. Olsen (OLSEM4818) M. Vance McCrary (MCCRM4402) J. Cecil Gardner (GARDJ3461) 1119 Government Street P.O. Drawer 3103 Mobile, AL 36652 Telephone: [phone] Facsimile: [phone]

STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS CASE NO. CV 09-3478

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

Cooperating Attorneys for THE NLG MAURICE AND JANE SUGAR LAW CENTER FOR ECONOMIC AND SOCIAL JUSTICE, a non-profit law firm 733 St. Antoine, 3rd Floor Detroit, Michigan 48226 Telephone: [phone] Dated: October 15, 2009 DLA Piper

By: _/s/ John R. Hurley______________ John R. Hurley Attorneys for Defendant LUMETRA CO., INC.,

STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS CASE NO. CV 09-3478

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Farella Braun & Martel LLP 235 Montgomery Street, 17th Floor San Francisco, CA 94104 [phone]

[PROPOSED] ORDER Pursuant to the parties stipulation, IT IS HEREBY ORDERED THAT the Case Management Conference scheduled for 11/12/2009 is CONTINUED to 2/25/10 at 2:30 p.m. The parties shall meet and confer prior to the conference and shall prepare a joint Case Management Conference Statement which shall be filed no later than ten (10) days prior to the Case Management Conference that complies with the Standing Order for All Judges of the Northern District of California and the Standing Order of this Court. Plaintiffs shall be responsible for filing the statement as well as for arranging the conference call. All parties shall be on the line and shall call [phone] at the above indicated date and time. IT IS SO ORDERED. Dated: October 16, 2009 _____________________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS CASE NO. CV 09-3478

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