Armstrong v. Bauer's Intelligent Transportation, Inc.

Filing 54

ORDER CONVERTING ADR TO PRIVATE MEDIATION, SETTING DATE FOR MEDIATION TO OCCUR The parties are removed from Court-sponsored mediation and referred to private mediation with Mark S. Rudy. The deadline for private mediation with Mark S. Rudy is January 21, 2015. Signed by Judge Maxine M. Chesney on September 30, 2014. (mmclc2, COURT STAFF) (Filed on 9/30/2014)

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THE TIDRICK LAW FIRM
STEVEN G. TIDRICK, SBN 224760
JOEL B. YOUNG, SBN 236662
2039 Shattuck Avenue, Suite 308
Berkeley, California 94704
Telephone: [phone]
Facsimile: [phone]
E-mail:
[e-mail]
E-mail:
[e-mail]
Attorneys for Individual and Representative
Plaintiff RORY ARMSTRONG

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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 PRIVATE
MEDIATION WITH MARK S. RUDY TO
OCCUR ON JANUARY 21, 2015 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)
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), Plaintiff Rory

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Armstrong and Defendant Bauer’s Intelligent Transportation, Inc. through their respective

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counsel of record hereby stipulate as follows:
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STIPULATION REGARDING CONVERSION OF ADR TO PRIVATE MEDIATION WITH MARK S. RUDY TO
OCCUR ON JANUARY 21, 2015 AND [PROPOSED] ORDER

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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, through ongoing negotiations and early settlement discussions the parties

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concluded that an ADR session comprising only Mediation would better facilitate potential

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early resolution of the parties’ disputes;

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WHEREAS, the parties communicated with the Court-appointed neutral, Mr. Richard

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Whitmore, regarding conversion of the scheduled ADR session to a Mediation and Mr.

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Whitmore supported the requested conversion;

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WHEREAS, on January 23, 2014, pursuant to the parties’ stipulation, the Court

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ordered that the parties’ ADR be converted from an “Early Neutral Evaluation and Mediation”

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to a Mediation (Docket No. 25);

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WHEREAS, after a mediation session with Mr. Whitmore on February 6, 2014 and

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after multiple subsequent communications with counsel for the parties, a conference call with

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Mr. Whitmore to discuss the status of mediation was scheduled for August 22, 2014 at 9:30

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AM, however, in response to an e-mail from Plaintiff’s counsel, Mr. Whitmore e-mailed all

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counsel on August 14, 2014: “Under the circumstances, I think we need to take the

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conference call off calendar. Please let me know when you would like to reschedule. Please

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keep in mind that October 31 is the last date to conduct the mediation and that date was set

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after the Court granted an earlier stipulated request for extension.”;

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WHEREAS, on September 18, 2014, the parties agreed to a full day of mediation with
Mark S. Rudy of Rudy, Exelrod, Zieff & Lowe, LLP on January 21, 2015;
WHEREAS, on September 22, 2014, Claudia M. Forehand, ADR Program Case

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Administrator, stated by e-mail to the parties: “Please include a request for removal from

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court-sponsored mediation and referral to private mediation with Mark Rudy in your

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stipulation and proposed order requesting additional time for the mediation process.”;

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WHEREAS, by letter dated September 23, 2014, Mr. Rudy confirmed scheduling of
the matter for mediation on January 21, 2015;
THEREFORE, the parties hereby stipulate as follows and request that the Court enter
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STIPULATION REGARDING CONVERSION OF ADR TO PRIVATE MEDIATION WITH MARK S. RUDY TO
OCCUR ON JANUARY 21, 2015 AND [PROPOSED] ORDER

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the Proposed Order below:
1. The parties be removed from Court-sponsored mediation and be referred to private
mediation with Mark S. Rudy of Rudy, Exelrod, Zieff & Lowe, LLP;
2. The deadline for private mediation with Mark S. Rudy of Rudy, Exelrod, Zieff &
Lowe, LLP be set for January 21, 2015
Dated: September 29, 2014

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

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Dated: September 29, 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: _______________________
September 30, 2014

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

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STIPULATION REGARDING CONVERSION OF ADR TO PRIVATE MEDIATION WITH MARK S. RUDY TO
OCCUR ON JANUARY 21, 2015 AND [PROPOSED] ORDER