Hickman v. City of Berkeley et al

Filing 186

ORDER by Chief Magistrate Judge Elizabeth D. Laporte. No later than November 4, 2014, the parties shall select their preferred arbitrator as set forth in the February 20, 2014 Order. Once an arbitrator has been appointed, the arbitration will proceed under the current procedures set forthunder ADR Local Rule 4. (Attachments: # 1 certificate of service)(shyS, COURT STAFF) (Filed on 10/20/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LAWRENCE HICKMAN,

Case No. 11-cv-04395-EDL

Plaintiff,
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v.

ORDER

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OFFICER E. BASHAN,
Defendant.

United States District Court
Northern District of California

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On September 18, 2013, the parties entered into a stipulation and order agreeing to resolve

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this matter through binding arbitration. Docket No. 152. On February 20, 2014, the Court issued

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an Order setting forth the process to be used to select the single arbitrator. Docket No. 161.

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Thereafter, Defendant objected to three potential arbitrators, and the Court issued an Order

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permitting Plaintiff time to respond to Defendant’s objections. Docket No. 164. Plaintiff

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responded, arguing that Defendant’s objections should be overruled and that the entire panel

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should remain eligible. Docket No. 165.

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Subsequently, the Court referred the matter to Magistrate Judge Maria-Elena James for a

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hearing on the enforcement of the settlement reached by the parties in September 2013. Docket

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No. 166. Plaintiff then filed a motion to stay arbitration pending ruling on a motion to amend the

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complaint, which the Court denied on April 11, 2014. Docket No. 171. The Court also referred

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the matter to Judge James for a further settlement conference. Id.

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Before the further settlement conference, Plaintiff filed a motion to amend the complaint

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and a motion to stay, which the Court denied on September 24, 2014. Docket No. 177. The

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further settlement conference was vacated just prior to the Court’s Order. Docket No. 176. The

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Court set a status conference for October 14, 2014. At the status conference, Defendant withdrew

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her objections to the potential arbitrators and stated that she was prepared to proceed with

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arbitration. Although Plaintiff informed the Court that he was no longer willing to participate in

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the arbitration process, he had previously agreed to do so in a binding stipulation that was adopted

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as a court order.

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Accordingly, the Court enforces the parties’ September 18, 2013 stipulation to proceed

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with binding arbitration. Further, the arbitrator selection process outlined in the Court’s February

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20, 2014 Order remains in effect. Attached to this Order is an alphabetical list of the potential

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arbitrators on the Court’s Arbitration Panel. Thus, no later than November 4, 2014, the parties

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shall select their preferred arbitrator as set forth in the February 20, 2014 Order. Defendant has
withdrawn any objections to the potential arbitrator. Because Plaintiff did not object when this list

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United States District Court
Northern District of California

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was presented in February 2014, he has waived any objections to the potential arbitrators. Once

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an arbitrator has been appointed, the arbitration will proceed under the current procedures set forth

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under ADR Local Rule 4.

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IT IS SO ORDERED.
Dated: October 20, 2014
______________________________________
ELIZABETH D. LAPORTE
United States Magistrate Judge

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USDC ADR Program
Case No. C 11-4395 EDL ARB
Hickman v. City of Berkeley, et al.
List of Police Misconduct Arbitrators

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United States District Court
Northern District of California

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John F. Barg
Barg Coffin Lewis & Trapp, LLP
San Francisco [e-mail]
Tel: [phone] Fax: [phone]

Wayne D. Brazil
JAMS
San Francisco [e-mail]
Tel: [phone] Fax: [phone]

Robert T. Fries
Carter, Carter, Fries & Grunschlag
San Francisco [e-mail]
Tel: [phone] Fax: [phone]

Barbara Kong-Brown
Attorney at Law
Oakland [e-mail]
Tel: [phone] Fax: [phone]

Charles J. McClain, Jr.
Center for Research and Administration
Berkeley [e-mail]
Tel: [phone]

Stephen L. Schirle
PG&E Company Law Department
San Francisco [e-mail]
Tel: [phone] Fax: [phone]

Herb A. Schwartz
Change Mediation
Garberville [e-mail]
Tel: [phone] Fax: [phone]

Gregory D. Walker
Attorney/Mediator/Arbitrator
Oakland [e-mail]
Tel: [phone] Fax: [phone]

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