Holl v. United Parcel Service, Inc.

Filing 27

ORDER by Judge Haywood S. Gilliam, Jr. Granting 21 Stipulation Staying Discovery and Deadline to Respond to the Complaint Pending Resolution of Motion to Compel Arbitration ; Denying as Moot 26 Stipulation Extending ADR Deadlines Pending Resolution of Motion to Compel Arbitration. (ndrS, COURT STAFF) (Filed on 1/5/2017)

1
2
3
4
5

PAUL T. FRIEDMAN (BAR NO. 98381)
[e-mail]
STACEY M. SPRENKEL (BAR NO. 241689)
[e-mail]
CAITLIN SINCLAIRE BLYTHE (BAR NO. 265024)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]

6
7
8
9
10

GREGORY B. KOLTUN (BAR NO. 130454)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
SAN FRANCISCO DIVISION
14
15
RANDALL HOLL,

Case No. 16-cv-05856-HSG

16
Plaintiff,
17
v.
18
UNITED PARCEL SERVICE, INC.,
19

STIPULATION AND [PROPOSED]
ORDER STAYING DISCOVERY
AND DEADLINE TO RESPOND
TO THE COMPLAINT PENDING
RESOLUTION OF MOTION TO
COMPEL ARBITRATION

Defendant.
20

Complaint served: October 20, 2016
Current response due: December 19,
2016

21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
sf-3722942

1

STIPULATION
Pursuant to Civil Local Rules 6-2 and 7-12, Plaintiff Randall Holl and Defendant United

2
3

Parcel Service, Inc. (“UPS”), by and through their undersigned counsel, stipulate as follows:
WHEREAS, Plaintiff filed the Complaint in this action on October 11, 2016, and served

4
5

UPS with the Complaint on October 20, 2016;
WHEREAS, on November 4, 2016, the parties stipulated and agreed to extend UPS’s

6
7

deadline to respond to the Complaint until December 19, 2016;
WHEREAS, Plaintiff has served early requests for production of documents under Rules

8
9

26 and 34 of the Federal Rules of Civil Procedure;
WHEREAS, UPS intends on December 19, 2016 to file a motion to compel arbitration of

10
11

all claims alleged in the Complaint and stay the proceedings pending arbitration of this matter;
WHEREAS, the parties have met and conferred, and agree that:

12

1. All discovery in this action shall be stayed pending resolution of UPS’s motion to

13

compel arbitration by the district court;

14

2. UPS’s time to serve a responsive pleading under Rule 12 of the Federal Rules of

15
16

Civil Procedure shall be stayed pending resolution of UPS’s motion to compel

17

arbitration by the district court; and
3. The parties’ deadlines to file an ADR Certification and a Stipulation to ADR

18
19

Process or Notice of Need for ADR Phone Conference shall be stayed pending

20

resolution of UPS’s motion to compel arbitration by the district court;
WHEREAS, this agreement is without prejudice to Plaintiff’s right to oppose UPS’s

21
22

motion to compel arbitration on any and all grounds, and without prejudice to Plaintiff’s right to

23

oppose a further stay in the event that UPS’s motion to compel arbitration is denied by the district

24

court.

25

THEREFORE, IT IS HEREBY AGREED AND STIPULATED, that (1) all discovery in

26

this action shall be stayed pending resolution of UPS’s motion to compel arbitration by the

27

district court; (2) UPS’s deadline to respond to the Complaint shall be stayed pending resolution

28

of UPS’s motion to compel arbitration by the district court; and (3) the parties’ deadlines to file
STIPULATION AND [PROPOSED] ORDER
sf-3722942

1

1

an ADR Certification and a Stipulation to ADR Process or Notice of Need for ADR Phone

2

Conference shall be stayed pending resolution of UPS’s motion to compel arbitration by the

3

district court.

4
5

Dated: December 16, 2016

STACEY M. SPRENKEL
MORRISON & FOERSTER LLP

6
7
By:
8
9

/s/ Stacey M. Sprenkel
Stacey M. Sprenkel
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

10
11

Dated: December 16, 2016

KAI RICHTER

12
13

By: /s/ Kai Richter
KAI RICHTER

14

Attorneys for Plaintiff
RANDALL HOLL

15
16
17
18

ECF ATTESTATION
I, Stacey M. Sprenkel, am the ECF User whose ID and password are being used to file this

19

STIPULATION AND [PROPOSED] ORDER STAYING DISCOVERY AND DEADLINE TO

20

RESPOND TO THE COMPLAINT PENDING RESOLUTION OF MOTION TO COMPEL

21

ARBITRATION. In accordance with Civil Local Rule 5-1, concurrence in the filing of this

22

document has been obtained from Kai Richter, counsel for Plaintiff, and I shall maintain records

23

to support this concurrence for subsequent production for the Court if so ordered or for inspection

24

upon request by a party.

25
26
27
28
STIPULATION AND [PROPOSED] ORDER
sf-3722942

2

1

Dated: December 16, 2016

MORRISON & FOERSTER LLP

2
3

By:

4

/s/ Stacey M. Sprenkel
STACEY M. SPRENKEL
Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

5
6
7
8

[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.

9
10
11

Dated: 1/5/2017

12

By:___________________________________
HON. HAYWOOD S. GILLIAM, JR.
UNITED STATES DISTRICT COURT

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
sf-3722942

3

1
2

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on the 16th day of December, 2016, the foregoing

3

document was filed electronically on the CM/ECF system, which caused all CM/ECF participants

4

to be served by electronic means.

5
6

/s/ Stacey M. Sprenkel
STACEY M. SPRENKEL

7

Attorneys for Defendant
UNITED PARCEL SERVICE, INC.

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
STIPULATION AND [PROPOSED] ORDER
sf-3722942

4