Stagner v. Luxottica Retail North America Inc et al

Filing 27

ORDER Granting 26 Stipulation and Order Selecting Early Neutral Evaluation. Signed by Judge Claudia Wilken on 10/31/2011. (ndr, COURT STAFF) (Filed on 10/31/2011)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

Clear Form

Jessica Stagner,

CASE NO. 11-cv-2889 CW
Plaintiff(s),
v.
Luxottica Retail North America, Inc., et al.

STIPULATION AND [PROPOSED]
ORDER SELECTING ADR PROCESS

Defendant(s).
_______________________________/
Counsel report that they have met and conferred regarding ADR and have reached the
following stipulation pursuant to Civil L.R. 16-8 and ADR L.R. 3-5:
The parties agree to participate in the following ADR process:
Court Processes:
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Non-binding Arbitration (ADR L.R. 4)
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Early Neutral Evaluation (ENE) (ADR L.R. 5)
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Mediation (ADR L.R. 6)
(Note: Parties who believe that an early settlement conference with a Magistrate Judge is
appreciably more likely to meet their needs than any other form of ADR, must participate in an
ADR phone conference and may not file this form. They must instead file a Notice of Need for
ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5)
Private Process:
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Private ADR (please identify process and provider) ______________________
_____________________________________________________________________________
The parties agree to hold the ADR session by:
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the presumptive deadline (The deadline is 90 days from the date of the order
referring the case to an ADR process unless otherwise ordered. )
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other requested deadline _____________________________________________

10-28-2011
Dated:___________

/s/ Michael Hoffman
____________________________
Attorney for Plaintiff

10-28-2011
Dated:____________

/s/ Julie A. Totten
____________________________
Attorney for Defendant

When filing this document in ECF, please be sure to use the appropriate ADR Docket
Event, e.g., "Stipulation and Proposed Order Selecting Early Neutral Evaluation."

[PROPOSED] ORDER
Pursuant to the Stipulation above, the captioned matter is hereby referred to:
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Non-binding Arbitration
X
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Early Neutral Evaluation (ENE)
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Mediation
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Private ADR
Deadline for ADR session
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90 days from the date of this order.
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other ___________________

IT IS SO ORDERED.
10/31/2011
Dated:________________

___________________________________
UNITED STATES DISTRICT

JUDGE

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LYNNE C. HERMLE (STATE BAR NO. 99779)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
1000 Marsh Road
Menlo Park, California 94025
United States of America
Telephone:
[phone]
Facsimile:
[phone]

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JULIE A. TOTTEN (STATE BAR NO. 166470)
[e-mail]
DAVID A. PRAHL (STATE BAR NO. 233583)
[e-mail]
ORRICK, HERRINGTON & SUTCLIFFE LLP
400 Capitol Mall, Suite 3000
Sacramento, California 95814-4497
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
LUXOTTICA RETAIL NORTH AMERICA INC., an
Ohio Corporation

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JESSICA STAGNER, individually and on
behalf of all other persons similarly situated,

Case No. CV-11-2889 CW
DECLARATION OF JULIE A. TOTTEN
IN SUPPORT OF DECL. OF JULIE A.
TOTTEN IN SUPPORT OF
STIPULATION AND PROPOSED
ORDER SELECTING ADR PROCESS

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Plaintiff,
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v.
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LUXOTTICA RETAIL NORTH AMERICA
INC., an Ohio Corporation;
LENSCRAFTERS, INC., an Ohio Corporation,

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Defendants.
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I, Julie A. Totten, declare as follows:

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1.

I am a member of the State Bar of California and a partner with the firm of Orrick,

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Herrington & Sutcliffe LLP (“Orrick”), attorneys of record for Defendant Luxottica Retail North

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America Inc. I have personal knowledge of the facts set forth in this declaration and could and

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would testify competently to them under oath if called as a witness.

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OHS WEST:261391451.1

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DECL. OF JULIE A. TOTTEN IN SUPPORT OF
STIPULATION AND PROPOSED ORDER SELECTING
ADR PROCESS
CV-11-2889 CW

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Concurrence in the filing of the Stipulation and [Proposed] Order Selecting ADR

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Process has been obtained from the other signatories, which shall serve in lieu of their

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signature(s) on the document.

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I declare under penalty of perjury that the foregoing is true and correct. Executed
at Sacramento, California, on October 28, 2011.

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/s/Julie A. Totten
JULIE A. TOTTEN

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OHS WEST:261391451.1

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DECL. OF JULIE A. TOTTEN IN SUPPORT OF
STIPULATION AND PROPOSED ORDER SELECTING
ADR PROCESS
CV-11-2889 CW