Plunkett v. Eucalyptus Systems, Inc.

Filing 13

STIPULATION AND ORDER Staying Acton and Proceeding with Binding Arbitration. Case stayed. Signed by Judge Thelton E. Henderson on 02/25/2015. (tmi, COURT STAFF) (Filed on 2/25/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Case No. 3:15-cv-00186-TEH

NOIRIN PLUNKETT,

STIPULATION REGARDING STAYING
ACTION AND PROCEEDING WITH
BINDING ARBITRATION; AND
[PROPOSED] ORDER THEREON

Plaintiff,

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v.

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EUCALYPTUS SYSTEMS, INC., a
corporation; and DOES 1 through 20,
inclusive,

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Defendants.

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ORDER

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IT IS HEREBY ORDERED THAT:
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1.

The Parties shall submit for binding arbitration the claims asserted by Plaintiff

against Defendant in the Complaint in this Action.
2.

The arbitration shall take place in San Francisco, and the arbitrator shall be Judge

Raul Ramirez (ret.) of ADR Services.
3.

The arbitration shall commence by the submission of this Stipulation and Order

with ADR Services upon entry of an Order on this Stipulation.
4.

The arbitrator will have the authority to award any remedy that would have been

available to Plaintiff or Defendant had the dispute been decided in court under California law.
5.

The decision of the arbitrator shall be binding except as to those rights which are

or may be reserved to the Parties by operation of law.
6.

Pursuant to the Parties’ agreement, Defendant will be responsible for the payment

of all fees invoiced by ADR services and the arbitrator.
7.

Pursuant to the Parties’ agreement, if Defendant is the prevailing party in this

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action, Defendant will not be entitled to seek the recovery of any arbitration fees it incurred.

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However, the prevailing party in arbitration may seek to recover costs otherwise permitted by
STIPULATION REGARDING STAYING ACTION AND PROCEEDING WITH BINDING ARBITRATION;
AND [PROPOSED] ORDER THEREON

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the Code of Civil Procedure, including costs for deposition transcripts, first appearance costs,
etc.
8.

The arbitration shall be conducted in accordance with ADR Services rules for

employment arbitration and by any order set forth by the arbitrator. For matters not addressed
by said rules and/or order, the arbitration shall be conducted under the California Code of Civil

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Procedure to the extent that it can apply to arbitration.
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9.

Pursuant to the Parties’ agreement, this Action is stayed in its entirety until the

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and proper.
10.

The Parties shall file a joint status statement or stipulated dismissal of this case

within one week of completion of the arbitration or by June 1, 2015, whichever is sooner.
IT IS SO ORDERED.

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S
UNIT
ED

DERED
SO OR ED
IT IS
DIFI
DISTRICT COURT JUDGE
AS MO

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nderson

NO

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RT

4836-6702-9794, v. 1

e
lton E. H
dge The
u

J

ER

H

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S DISTRICT
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TA

RT
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02/25
DATED: _______________, 2015

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R NIA

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rendered; (c) to lift the stay of this Action; and (d) to make any other orders it deems necessary

FO

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the terms of this Stipulation; (b) to confirm, vacate, modify or correct the arbitration award

LI

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arbitration is concluded, and this Court will maintain jurisdiction over the Action: (a) to enforce

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N

D IS T IC T
R

OF

C

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STIPULATION REGARDING STAYING ACTION AND PROCEEDING WITH BINDING ARBITRATION;
AND [PROPOSED] ORDER THEREON

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