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)

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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: 415.434.9100 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: 510-504-3982 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: 510-504-3982 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

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