Dransfield v. Ross Stores, Inc.

Filing 8

STIPULATION AND ORDER re 7 STIPULATION and Proposed Order selecting Private ADR by Ross Stores, Inc. filed by Ross Stores, Inc. Case Management Statement due by 2/2/2017. Initial Case Management Conference set for 2/9/2017 09:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/21/16. (Attachments: # 1 Certificate/Proof of Service)(bpf, COURT STAFF) (Filed on 9/21/2016)

1 SHEPPARD, MULLIN, RiCHTER & HAMPTON LLP
A Limited Liability Partnership
2
Including Professional Corporations
3 BABAK YOUSEFZADEH, Cal. Bar No. 235974
ALEXIS N. GEVANTER, Cal. Bar No. 307295
4
Four Embarcadero Center, 17th Floor
5 San Francisco, California 94111-4109
Telephone: [phone]
6
Facsimile: 415.434.3947
7
Attorneys for Defendant
8 ROSS STORES, INC.
9 STEVEN DRANSFIELD
309 4 St. #109
10 Oakland, California 94607
Telephone: [phone]
11
Plaintiff
12

13

UNITED ytsrponihcaYWUTSRQPONMLIHGFEDCBA
STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA

15
1 6 STEVEN DRANSFIELD,
17
18

Case No.: 3:16-cv-046Sl-EMC
Judge: Hon. Edward M Chen

Plaintiff,
v.

19 ROSS STORES, INC.,
20

STIPULATION TO SUBMIT CASE
TO BINDING ARBITRATION AND
REQUEST FOR STAY PENDING
ARBITRATION; [PROPOSED]
ORDER THEREON

Defendant.

21

COMPLAINT FILED: AUGUST 15,2016
TRIAL DATE: TBD

22
23
24
25

This Stipulation is made by and between Defendant Ross Stores, Inc.

26 ("Defendant" or "Ross"), by and through its attorneys of record, and Plaintiff Steven
27 Dransfield ("Plaintiff) (collectively "the Parties"). This Stipulation is made with
28 reference to the following facts:
-1SMRH:225769567.1

Stipulation to Submit Case to Binding Arbitration and Request for Stay; [Proposed] Order

1

1.

Plaintiff was formerly employed by Defendant. Plaintiffs employment

2

was governed by a Dispute Resolution Agreement ("Dispute Resolution

3

Agreement"), attached hereto as Exhibit A.

4

2.

On or about August 15, 2016, Plaintiff filed a civil complaint with this

5

Court against Defendant entitled, Steven Dransfield v. Ross Stores, Inc., Case No.

6

3:16-cv~04681-EMC (the "Complaint"). The Complaint includes causes of action

7

under the Equal Pay Act of 1963, 29 U.S.C. § 206(d), tsqe
et seq., as amended; the

8

Americans with Disabilities Act, 42 U.S.C. § 12101, et. seq., as amended; Title VII

9

of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e)-2, et seq., as amended; federal

10

common law; California Labor Code § 1197.5; common law of the State of

11

California and the California Constitution, including invasion of privacy, and

12

interference with the right to contract.

13
14
15
16

17
18
19

3.

The Parties agree that the claims in Plaintiffs Complaint fall within the

scope of the Dispute Resolution Agreement; and
4.

The Parties further agree to submit this matter to mediation and/or

arbitration pursuant to the terms set forth in Exhibit A. ytsrponihcaYWUTSRQPONMLIHGFEDCB
NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED by
the Parties hereto as follows:
1.

That Plaintiff will submit the claims set forth in this civil action to

20

mediation and/or arbitration, pursuant to the Dispute Resolution Agreement that

21

governed Plaintiffs employment and in accordance with the Parties' further

22

agreement as outlined above;

23
24
25

2.

That the above-entitled action be stayed, pursuant to 9 U.S.C. § 3,

pending the final disposition of the arbitration;
3.

That the Parties shall make a good faith effort to attend mediation

26

within three to four months, or as soon thereafter that a mutually agreed-upon

27

mediator is available; and

28

4.

That the Parties request that the Court set status conferences to monitor
-2-

smrh-,225769567.1

Stipulation to Submit Case to Binding Arbitration and Request for Stay; [Proposed] Order

1
2

the progress of the mediation and/or arbitration.
IT IS SO STIPULATED.

3
4

Dated: September

2016 tsqe

11

5

SHEPPARD, MULLIN, RICHTER &
HAMPTON L L P

6
7

8

By
BAB A# YO<^SEf ZADEH
ALEXIS N. GEVANTER

9
10

Attorneys for Defendant
ROSS STORES, INC.

11
12

13
14
15

Dated: September !

2016

16
17
18

19

STEVEN DRANSFIELD
Pro Se

20
21

22
23
24
25

26
27
28

-3SMRI 1:225769567.1

Stipulation to Submit Case to Binding Arbitration and Request for Stay; [Proposed] Order

1

[PROPOSED] ORDER

2

The Parties' joint Stipulation to Submit Case to Binding Arbitration and

3

Request for Stay Pending Arbitration is adopted by the Court, and this matter is

4

STAYED pending arbitration of Plaintiff s claims. The Court will set status

5

conferences to monitor the progress of case.

8

Dated:

9/21/16

CMC statement shall be filed by February 2,
2017.

9

S

11
12

13

D
RDERE
S SO O IED
IT I
DIF
AS MO

NO

14

RT

16

ER

17

en

d M. Ch

A

H

15

dwar
Judge E

LI

UNIT
ED

Hon. Edward M. Chen

RT
U
O

10

S DISTRICT
TE
C
TA

R NIA

7

IT IS SO ORDERED. The Case Management Conference is set
for February 9, 2017 at 9:30 a.m. A joint

FO

6

N

D IS T IC T
R

OF

C

18

19
20
21

22
23
24
25
26

27
28 ytsrponihcaYWUTSRQPONMLIHGFEDCBA
-4SMRI1:225769567.1

Stipulation to Submit Case to Binding Arbitration and Request for Stay; [Proposed] Order

1

PROOF OF SERVICE

2

STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

At the time of service, I was over 18 years of age and ytsrponihcaYWUTSRQPONMLIH
not a party to this
action, I am employed in the County of San Francisco, State of California. My
4 business address is Four Embarcadero Center, 17 Floor, San Francisco, CA 94111.

3

5

On September 19, 2016,1 served true copies of the following document(s)
described as

6
STIPULATION TO SUBMIT CASE TO BINDING ARBITRATION
7 AND REQUEST FOR STAY PENDING ARBITRATION; [PROPOSED]
ORDER THEREON

8

on the interested parties in this action as follows:

9

STEVEN DRANSFIELD
10 309 4 St. # 109
Oakland, California 94607
1 1 Telephone: [phone]
12
BY MAIL: I enclosed the document(s) in a sealed envelope or package
13 addressed to the persons at the addresses listed in the Service List and placed the
envelope for collection and mailing, following our ordinary business practices. I am
14 readily familiar with the firm's practice for collecting and processing
correspondence for mailing. On the same day that the correspondence is placed for
15 collection and mailing, it is deposited in the ordinary course of business with the
United States Postal Service, in a sealed envelope with postage fully prepaid. I am a
16 resident or employed in the county where the mailing occurred.
17
18

I declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct.
^

/  •  

• 

Executed on September 19, 2016, at San Fr—:—

19

20
21

22
23
24
25

26
27

28
-1SMRH:225769567.1

Stipulation to Submit Case to Binding Arbitration and Request for Stay; [Proposed] Order