Smith v. eBay Corporation et al

Filing 82

ORDER GRANTING 80 STIPULATION RE: ADR. Signed by Judge JEFFREY S. WHITE on 7/2/12. (jjoS, COURT STAFF) (Filed on 7/2/2012)

Case3:10-cv-03825-JSW Document80 Filed07/02/12 Page1 of 2

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THOMAS P. BROWN (SB# 182916)
[e-mail]
SAMUEL C. ZUN (SB# 264930)
[e-mail]
PAUL HASTINGS LLP
55 Second Street
Twenty-Fourth Floor
San Francisco, CA 94105-3441
Telephone: [phone]
Facsimile: 1 [phone]
Attorneys for Defendants
eBay Inc. and PayPal, Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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CHARLOTTE SMITH, et al.,

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Plaintiffs,

CASE NO. C-10-03825-JSW
ADR STIPULATION AND [PROPOSED]
ORDER

vs.
EBAY CORP., et al.,
Defendants.

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Counsel report that they have met and conferred regarding ADR and have reached the
following stipulation pursuant to Civ. L.R. 16 and ADR L.R. 3-5:
As the parties stated in the Joint Case Management Statement:

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The parties have conferred concerning the likelihood of settlement.
There have been no settlement negotiations thus far, and none are
planned at this time. Both counsel for Plaintiff and Defendants are
experienced in class actions. Should the parties elect to engage in
settlement discussions, the parties are familiar with appropriate
private mediators.
Joint CMC Stmt., at § 12.
The parties agree that ADR is unlikely to be productive at this time, but preliminarily
agree that mediation is preferable to other forms of ADR for this case. Should ADR become

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STIPULATION SELECTING ADR PROCESS
Case No. C-10-03825-JSW

Case3:10-cv-03825-JSW Document80 Filed07/02/12 Page2 of 2

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necessary, the parties agree to meet and confer to identify a private mediator acceptable to both

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parties.

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DATED: July 2, 2012

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THOMAS P. BROWN
SAMUEL C. ZUN
PAUL HASTINGS LLP

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By:

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Attorneys for Defendants
eBay Inc. and PayPal, Inc.

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/s/ Thomas P. Brown
THOMAS P. BROWN

DATED: July 2, 2012

PETER W. MACUGA II
MACUGA, LIDDLE, & DUBIN P.C.

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By:

/s/ Peter W. Macuga II
PETER W. MACUGA II

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Attorneys for Plaintiffs

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The Court advises the parties that it will expect them to go through
IT IS SO ORDERED: some form of an ADR process during the pendency of this litigation.

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July 2, 2012
Dated: ________________

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_________________________________________
Hon. Jeffrey S. White
United States District Judge

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I, Thomas P. Brown, am the ECF User whose ID and password are being used to file this ADR
Stipulation and [Proposed] Order. In compliance with Civil L.R. 5-1(i)(3), I hereby attest that
Peter W. Macuga II has concurred in this filing.

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-1Case No. C-10-03825-JSW

STIPULATION SELECTING ADR PROCESS