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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KENNETH SULZER (SBN 120253)
[e-mail]
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
2029 Century Park East
Suite 1100
Los Angeles, CA 90067
Telephone: [phone]
SARAH K. HAMILTON (SBN 238819)
[e-mail]
CONSTANGY, BROOKS, SMITH & PROPHETE, LLP
50 California, Suite 1625
San Francisco, CA 94111
Telephone: [phone]
Facsimile: 415.918.3009

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Attorneys for Defendants
SWISSPORT USA, INC. and
SWISSPORT CARGO SERVICES, L.P.
BRADLEY GROMBACHER, LLP
Marcus J. Bradley, Esq. (SBN 174156)
[e-mail]
Kiley L. Grombacher, Esq. (SBN 245960)
[e-mail]
2815 Townsgate Road, Suite 130
Westlake Village, California 91361
Telephone: [phone]
Facsimile: [phone]
Attorneys for Plaintiff
Fesaitu Mario

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FESAITU MARIO, an individual, on his own
behalf and on behalf of all others similarly
situated,

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Plaintiff,

Case No. 3:17-cv-02099-WHA
AMENDED STIPULATION TO PROCEED
TO ARBITRATION

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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,

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and Defendants Swissport USA, Inc., and Swissport Cargo Services, L.P. (“Defendants”)

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(Plaintiff and Defendants will be referred to as the “Parties”), by and through their respective

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attorneys of record, hereby stipulate and request as follows:
WHEREAS, Defendants have demanded binding arbitration of Plaintiff’s individual

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claims;

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WHEREAS, Plaintiff has decided, pursuant to his arbitration agreement with Swissport

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Cargo Services, L.P. (“Swissport Cargo”), to arbitrate his individual claims against Defendants;

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WHEREAS, the Parties agree that nothing herein constitutes a waiver of Defendants’

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position or argument that Plaintiff has waived his ability to bring class, collective and/or

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representative claims through his arbitration agreement with Swissport Cargo;

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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

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arbitration pursuant to Plaintiff’s arbitration agreement with Swissport Cargo;

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2. Plaintiff waives any right to pursue class, collective, and/or representative claims

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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

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4. Nothing herein constitutes a waiver of Defendants’ position or argument that Plaintiff

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waived his ability to bring class, collective and/or representative claims through his

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arbitration agreement with Swissport Cargo.

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-2PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION,
Case No. 3:17-cv-02099-WHA

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Dated: November 7, 2017

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CONSTANGY, BROOKS, SMITH &
PROPHETE, LLP

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By:

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/s/ Sarah K. Hamilton
Sarah K. Hamilton
Attorneys for Defendants
Swissport USA, Inc. and
Swissport Cargo Services, L.P.

Dated: November 7, 2017

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BRADLEY GROMBACHER, LLP

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By:

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/s/ Kiley L. Grombacher
Marcus J. Bradley, Esq.
Kiley L. Grombacher, Esq.
Attorneys for Plaintiff Fesaitu Mario

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ECF ATTESTATION

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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.

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Dated: November 7, 2017

CONSTANGY, BROOKS, SMITH &
PROPHETE, LLP
By:

/s/ Sarah K. Hamilton
Sarah K. Hamilton

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-3PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION,
Case No. 3:17-cv-02099-WHA

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[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;

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1.

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2. The Complaint shall be dismissed in its entirety without prejudice, with the parties to

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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.

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November 8, 2017.
DATED: _________________

_____________________________________
HON. WILLIAM H. ALSUP
U.S. DISTRICT COURT JUDGE

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-4PARTIES’ AMENDED JOINT STIPULATION TO PROCEED TO ARBITRATION,
Case No. 3:17-cv-02099-WHA