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)

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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: 9 Non-binding Arbitration (ADR L.R. 4) 9 Early Neutral Evaluation (ENE) (ADR L.R. 5) 9 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: 9 Private ADR (please identify process and provider) ______________________ _____________________________________________________________________________ The parties agree to hold the ADR session by: 9 the presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered. ) 9 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: 9 Non-binding Arbitration X 9 Early Neutral Evaluation (ENE) 9 Mediation 9 Private ADR Deadline for ADR session 9 90 days from the date of this order. 9 other ___________________ IT IS SO ORDERED. 10/31/2011 Dated:________________ ___________________________________ UNITED STATES DISTRICT JUDGE 1 2 3 4 LYNNE C. HERMLE (STATE BAR NO. 99779) ORRICK, HERRINGTON & SUTCLIFFE LLP 1000 Marsh Road Menlo Park, California 94025 United States of America Telephone: +1-650-614-7400 Facsimile: +1-650-614-7401 5 6 7 8 9 JULIE A. TOTTEN (STATE BAR NO. 166470) DAVID A. PRAHL (STATE BAR NO. 233583) ORRICK, HERRINGTON & SUTCLIFFE LLP 400 Capitol Mall, Suite 3000 Sacramento, California 95814-4497 Telephone: +1-916-447-9200 Facsimile: +1-916-329-4900 10 11 Attorneys for Defendant LUXOTTICA RETAIL NORTH AMERICA INC., an Ohio Corporation 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 16 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 17 Plaintiff, 18 v. 19 20 LUXOTTICA RETAIL NORTH AMERICA INC., an Ohio Corporation; LENSCRAFTERS, INC., an Ohio Corporation, 21 Defendants. 22 23 I, Julie A. Totten, declare as follows: 24 1. I am a member of the State Bar of California and a partner with the firm of Orrick, 25 Herrington & Sutcliffe LLP (“Orrick”), attorneys of record for Defendant Luxottica Retail North 26 America Inc. I have personal knowledge of the facts set forth in this declaration and could and 27 would testify competently to them under oath if called as a witness. 28 /// OHS WEST:261391451.1 -1- DECL. OF JULIE A. TOTTEN IN SUPPORT OF STIPULATION AND PROPOSED ORDER SELECTING ADR PROCESS CV-11-2889 CW 1 2. Concurrence in the filing of the Stipulation and [Proposed] Order Selecting ADR 2 Process has been obtained from the other signatories, which shall serve in lieu of their 3 signature(s) on the document. 4 5 I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California, on October 28, 2011. 6 /s/Julie A. Totten JULIE A. TOTTEN 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 OHS WEST:261391451.1 -2- DECL. OF JULIE A. TOTTEN IN SUPPORT OF STIPULATION AND PROPOSED ORDER SELECTING ADR PROCESS CV-11-2889 CW

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