Mario v. Swissport USA, Inc. et al

Filing 56

ORDER GRANTING STIPULATION TO DISMISS by Judge Alsup granting 55 Stipulation. (whalc1, COURT STAFF) (Filed on 11/8/2017) Modified on 11/8/2017 (whalc1, COURT STAFF).

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1 2 3 4 5 6 7 8 KENNETH SULZER (SBN 120253) ksulzer@constangy.com CONSTANGY, BROOKS, SMITH & PROPHETE, LLP 2029 Century Park East Suite 1100 Los Angeles, CA 90067 Telephone: (310) 909-7775 SARAH K. HAMILTON (SBN 238819) shamilton@constangy.com CONSTANGY, BROOKS, SMITH & PROPHETE, LLP 50 California, Suite 1625 San Francisco, CA 94111 Telephone: 415.918.3000 Facsimile: 415.918.3009 9 10 11 12 13 14 15 16 17 18 Attorneys for Defendants SWISSPORT USA, INC. and SWISSPORT CARGO SERVICES, L.P. BRADLEY GROMBACHER, LLP Marcus J. Bradley, Esq. (SBN 174156) mbradley@bradleygrombacher.com Kiley L. Grombacher, Esq. (SBN 245960) kgrombacher@bradleygrombacher.com 2815 Townsgate Road, Suite 130 Westlake Village, California 91361 Telephone: (805) 270-7100 Facsimile: (805) 270-7589 Attorneys for Plaintiff Fesaitu Mario 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 22 FESAITU MARIO, an individual, on his own behalf and on behalf of all others similarly situated, 23 Plaintiff, Case No. 3:17-cv-02099-WHA AMENDED STIPULATION TO PROCEED TO ARBITRATION 24 25 26 27 28 SWISSPORT USA, INC., a Delaware corporation, SWISSPORT CARGO SERVICES, L.P., a California limited partnership, Defendants. PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION, Case No. 3:17-cv-02099-WHA Pursuant to Civil L.R.s 6-2 and 7-12, Plaintiff Fesaitu Mario (“Plaintiff”), on the one hand, 1 2 and Defendants Swissport USA, Inc., and Swissport Cargo Services, L.P. (“Defendants”) 3 (Plaintiff and Defendants will be referred to as the “Parties”), by and through their respective 4 attorneys of record, hereby stipulate and request as follows: WHEREAS, Defendants have demanded binding arbitration of Plaintiff’s individual 5 6 claims; 7 WHEREAS, Plaintiff has decided, pursuant to his arbitration agreement with Swissport 8 Cargo Services, L.P. (“Swissport Cargo”), to arbitrate his individual claims against Defendants; 9 WHEREAS, the Parties agree that nothing herein constitutes a waiver of Defendants’ 10 position or argument that Plaintiff has waived his ability to bring class, collective and/or 11 representative claims through his arbitration agreement with Swissport Cargo; 12 13 14 15 16 17 18 19 WHEREAS, Plaintiff voluntarily agrees to waive any right to pursue class, collective, or representative claims against Defendants; WHEREAS, Plaintiff has not received any consideration in exchange his voluntary waiver of any right to pursue class, collective, or representative claims against Defendants; WHEREAS, Plaintiff seeks dismissal without prejudice of the putative class and collective claims alleged in the Complaint; IT IS HEREBY STIPULATED AND AGREED by the parties that: 1. Plaintiff’s individual claims against Defendants in this action shall proceed to binding 20 arbitration pursuant to Plaintiff’s arbitration agreement with Swissport Cargo; 21 2. Plaintiff waives any right to pursue class, collective, and/or representative claims 22 23 24 against Defendants; 3. The Complaint shall be dismissed in its entirety without prejudice, with the parties to bear their own fees and costs in this litigation; and 25 4. Nothing herein constitutes a waiver of Defendants’ position or argument that Plaintiff 26 waived his ability to bring class, collective and/or representative claims through his 27 arbitration agreement with Swissport Cargo. 28 -2PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION, Case No. 3:17-cv-02099-WHA 1 Dated: November 7, 2017 2 CONSTANGY, BROOKS, SMITH & PROPHETE, LLP 3 4 5 By: 6 7 8 9 /s/ Sarah K. Hamilton Sarah K. Hamilton Attorneys for Defendants Swissport USA, Inc. and Swissport Cargo Services, L.P. Dated: November 7, 2017 10 11 BRADLEY GROMBACHER, LLP 12 13 By: 14 15 /s/ Kiley L. Grombacher Marcus J. Bradley, Esq. Kiley L. Grombacher, Esq. Attorneys for Plaintiff Fesaitu Mario 16 ECF ATTESTATION 17 18 19 20 I, Sarah K. Hamilton, am the ECF User whose ID and Password are being used to file this document. I attest that concurrence in the filing of this document has been obtained from the signatories. 21 22 23 24 Dated: November 7, 2017 CONSTANGY, BROOKS, SMITH & PROPHETE, LLP By: /s/ Sarah K. Hamilton Sarah K. Hamilton 25 26 27 28 -3PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION, Case No. 3:17-cv-02099-WHA 1 2 3 4 [PROPOSED] ORDER PURSUANT TO STIPULATION, AND FOR GOOD CAUSE SHOWN, IT IS SO ORDERED. Pursuant to the stipulation of the parties and good cause appearing therefore, the Court hereby Orders: Plaintiff’s individual claims to binding arbitration; 5 1. 6 2. The Complaint shall be dismissed in its entirety without prejudice, with the parties to 7 8 9 bear their own fees and costs in this litigation; 3. All further deadlines, hearings and proceedings before this Court shall be moot. IT IS ORDERED. 10 11 12 November 8, 2017. DATED: _________________ _____________________________________ HON. WILLIAM H. ALSUP U.S. DISTRICT COURT JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -4PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION, Case No. 3:17-cv-02099-WHA

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