Wolf v. Sony Computer Entertainment America Inc. et al

Filing 44

ORDER GRANTING 40 Stipulation selecting PRIVATE MEDIATION. Signed by Judge Jefffrey S. White on 10/15/10. (jjoS, COURT STAFF) (Filed on 10/15/2010)

Wolf v. Sony Computer Entertainment America Inc. et al

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Matthew G. Ball (SBN 208881) Mikal J. Condon (SBN 229208) K&L GATES LLP 4 Embarcadero Center Suite 1200 San Francisco, CA 94111 Telephone: [phone] Facsimile: 415.882.8220 [e-mail] [e-mail] Karineh Khachatourian (SBN 202634) K&L GATES LLP 630 Hansen Way Palo Alto, CA 94304 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Defendants

11 12 13 14 15 16 17 Attorneys for Plaintiff 18 19 20 21 22 23 24 25 26 27 28
STIPULATION AND [PROPOSED] ORDER SETTING ADR PROCESS Printed on Recycled Paper

LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Jonathan D. Selbin Kristen Law Sagafi 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail]

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA DANIEL WOLF, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA LLC, SQUARE ENIX OF AMERICA HOLDINGS, INC., and SQUARE ENIX, INC., Defendants. Case No. CV-10-2436-JSW STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS

Case No. CV-10-2436-JSW
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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) 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 ADR phone conference and may not file this form. They 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: X Private ADR (please identify process and provider) To be determined if the

parties are unable to resolve the matter within 30 days, pursuant to ongoing constructive settlement talks. 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: To be determined if the parties are unable to reach final

resolution of this matter on or before November 10, 2010. The order referring the case to an ADR process was issued on June 2, 2010. Since that time, the parties have engaged in constructive settlement talks, and believe that they can reach resolution of this matter within 30 days. Pursuant to the ongoing settlement discussions, the parties have agreed to defer the deadline for the response of Sony Computer Entertainment America LLC, Square Enix of America Holdings, Inc., and Square Enix, Inc. until November 10, 2010; approximately 30 days from the currently scheduled date of October 11, 2010. The parties request a similar extension from the 90 day presumptive deadline. If

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the parties have not reached resolution of this matter by November 10, 2010, they will file a revised Stipulation Selecting ADR Process, setting a date, process and provider for private mediation ADR.

DATED: October 12, 2010

K&L GATES LLP

By:

/s/ Mikal J. Condon Matthew G. Ball Karineh Khachatourian Mikal J. Condon

Attorneys for Defendant SONY COMPUTER ENTERTAINMENT AMERICA LLC, SQUARE ENIX OF AMERICA HOLDINGS, INC., and SQUARE ENIX, INC. DATED: October 12, 2010 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP

By:

/s/ Kristen Law Sagafi Jonathan D. Selbin Kristen Law Sagafi

Attorneys for Plaintiff I, Mikal J. Condon, attest that concurrence in e-filing this Stipulation and Proposed Order

18 Selecting ADR Process has been obtained from signatory Kristen Law Sagafi. 19 20 21 22 23 24 25 26 27 28
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Dated: October 12, 2010

Respectfully submitted, By: /s/Mikal J. Condon Mikal J. Condon

Case No. CV-10-2436-JSW

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: October 15, 2010 ___________, IT IS SO ORDERED. 10, 2010. X X

[PROPOSED] ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: Non-binding Arbitration Early Neutral Evaluation (ENE) Mediation Private ADR

Deadline for ADR session 90 days from the date of this order. Other: TBD if the parties are not able to resolve this matter on or before November

Hon. Jeffrey S. White, District Court Judge

STIPULATION AND [PROPOSED] ORDER SETTING ADR PROCESS

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Case No. CV-10-2436-JSW