Service Employees International Union, Local 1021 v. North Bay Regional Center

Filing 7

ORDER re 6 granting STIPULATION TO EXEMPT THIS ACTION FROM THE ADR PROCESS. Signed by Judge Claudia Wilken on 11/17/08. (scc, COURT STAFF) (Filed on 11/17/2008)

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1 2 3 4 5 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW ONE WILSHIRE BOULEVARD, SUITE 2000 LOS ANGELES, CALIFORNIA 90017-3383 TELEPHONE: 213-629-7907 FACSIMILE 213-624-1376 Michael W. Monk (State Bar No. 069719) Elaine M. Vukadinovich (State Bar No. 187315) 6 Attorneys for NORTH BAY REGIONAL CENTER 7 8 9 10 11 SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1021, 12 Petitioner, 13 vs. 14 NORTH BAY REGIONAL CENTER, 15 Respondent. 16 17 18 THE PARTIES IN THIS ACTION, BY AND THROUGH THEIR RESPECTIVE CASE No. C08-04279 CW STIPULATION AND ORDER TO EXEMPT THIS ACTION FROM THE ADR PROCESS UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION 19 ATTORNEYS, HEREBY STIPULATE AS FOLLOWS: 20 On September 11, 2008, this action was assigned to the Alternative Dispute Resolution 21 (ADR) Multi-Option Program governed by ADR Local Rule 3. After familiarizing themselves 22 with that rule and the Court's ADR material, the Parties agree that no ADR process is likely to 23 deliver benefits to the Parties sufficient to justify the resources consumed by its use. Specifically, 24 the Parties agree that because this matter involves a Petition to Compel Arbitration of Labor 25 Management Dispute under the terms of the applicable collective bargaining agreement, it is more 26 amenable to a single motion process where the decision of the Judge is binding on the Parties. 27 For these reasons, therefore, the Parties respectfully request that the Court exempt this 28 action from the ADR process. 613851.1 1 It is further stipulated and agreed that in the interest of time, this Stipulation may be signed 2 in faxed counterparts, which shall have the same force and effect as an original signature. 3 4 DATED: November 6, 2008 5 6 7 8 9 10 11 12 13 14 15 16 IT IS ORDERED THAT: 17 18 19 20 21 22 23 24 25 26 27 28 MUSICK, PEELER & GARRETT LLP ATTORNEYS AT LAW MUSICK, PEELER & GARRETT LLP By: Elaine M. Vukadinovich Attorneys for North Bay Regional Center DATED: November 6, 2008 WEINBERG, ROGER & ROSENFELD LLP By: Manuel Boigues Attorneys for Service Employees International Union, Local 1021 The Parties and this action are exempt from the ADR process and this action may proceed immediately to the litigation process. DATED: Nov. 17, 2008 By: Judge for the Northern District of California 613851.1 2

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