Armstrong v. Bauer's Intelligent Transportation, Inc.

Filing 25

STIPULATION REGARDING CONVERSION OF ADR TO MEDIATION AND ORDER. Signed by Judge Maxine M. Chesney on January 23, 2014. (mmclc2, COURT STAFF) (Filed on 1/23/2014)

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ROBERT G. HULTENG, SBN 071293
AURELIO J. PEREZ, SBN 282135
LITTLER MENDELSON, P.C.
650 California Street, 20th Floor
San Francisco, California 94108
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Defendant BAUER’S
INTELLIGENT TRANSPORTATION, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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RORY ARMSTRONG, on behalf of himself
and all others similarly situated,

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Removed from Superior Court of the State of
California, County of San Francisco
Civil Case No.: CGC-13-530147

Plaintiff,

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Civil Case No.: 3:13-cv-02691-MMC

v.

CLASS ACTION

BAUER’S INTELLIGENT
TRANSPORTATION, INC.; and DOES 1-50,

STIPULATION REGARDING
CONVERSION OF ADR TO MEDIATION
AND [PROPOSED] ORDER

Defendants.

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Complaint Filed: March 29, 2013

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First Amended Complaint Filed:
May 13, 2013

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(N.D. Cal. Civ. L.R. 6-1(b)

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Pursuant to Northern District of California Civil Local Rule 6-1(b), Defendant Bauer’s

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Intelligent Transportation, Inc. and Plaintiff Rory Armstrong and through their respective

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counsel of record hereby stipulate as follows:

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WHEREAS, on December 20, 2013, the Court ordered ADR to occur in the form of
“Early Neutral Evaluation and Mediation,” (per Docket No. 23);
WHEREAS, such an ADR session, with the Court-appointed neutral Richard S.
Whitmore, is currently scheduled for February 6, 2014;
WHEREAS, through ongoing negotiations and early settlement discussions the parties
have concluded that an ADR session comprising only Mediation would better facilitate
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STIPULATION REGARDING CONVERSION OF ADR TO MEDIATION AND ORDER
Case No. 13-cv-02691-MMC

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potential early resolution of the parties’ disputes.
WHEREAS, the parties have communicated with Mr. Whitmore regarding conversion

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of the scheduled ADR session to a Mediation and Mr. Whitmore supports the requested

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conversion.

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THEREFORE, the parties hereby stipulate as follows and request that the Court enter
the Proposed Order below:
1. The parties’ ADR be converted from an ‘Early Neutral Evaluation and Mediation’
to a Mediation.
2. The remainder of the schedule remains unchanged; the deadline for Defendant to

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file its dispositive motion on the issue of jurisdiction is March 7, 2014, the Case

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Management Statement is due by May 9, 2014, and the Further Case Management

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Conference is set for May 16, 2014 (per Docket No. 23).

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Dated: January 23, 2014

LITTLER MENDELSON, P.C.
/s/ Aurelio J. Perez
ROBERT G. HULTENG, SBN 071293
AURELIO J. PEREZ, SBN 282135
Attorneys for Defendant

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Dated: January 23, 2014

THE TIDRICK LAW FIRM

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/s/ Steven G. Tidrick
STEVEN G. TIDRICK, SBN 224760
Attorneys for Plaintiffs

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[PROPOSED] ORDER
The Parties having stipulated to the foregoing, IT IS SO ORDERED.

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Dated: _______________________
January 23, 2014

__________________________________
HON. MAXINE M. CHESNEY
JUDGE OF THE UNITED STATES DISTRICT
COURT

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STIPULATION REGARDING CONVERSION OF ADR TO MEDIATION AND ORDER
Case No. 13-cv-02691-MMC