Mance v. Mercedes-Benz USA, LLC

Filing 28

ORDER Follwing Second Hearing on 5 Defendant's Motion to Compel Arbitration. Signed by Magistrate Judge Laurel Beeler on 03/02/2012. (lblc2, COURT STAFF) (Filed on 3/6/2012)

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UNITED STATES DISTRICT COURT

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Northern District of California

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Oakland Division
DEMETRIUS MANCE,

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For the Northern District of California

UNITED STATES DISTRICT COURT

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Plaintiff,
v.

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MERCEDES-BENZ USA, LLC,

No. C 11-03717 LB
ORDER FOLLOWING SECOND
HEARING ON DEFENDANT’S
MOTION TO COMPEL
ARBITRATION

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Defendant.
_____________________________________/

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This order follows the March 1, 2012 hearing on Defendant Mercedes-Benz USA, LLC’s

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(“Mercedes-Benz”) motion to compel Plaintiff Demetrius Mance to arbitrate his claims. Motion,

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ECF No. 5.

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At the first hearing on Mercedes-Benz’s motion on October 20, 2011, the court discussed with

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the parties the option of participating in the court’s alternative dispute resolution (“ADR”) program.

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The court specifically noted that by participating in an ADR session, Mercedes-Benz would not

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waive its right to compel Mr. Mance to arbitrate his claims, and the court deferred ruling of

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Mercedes-Benz’s motion until after the ADR session.

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After this discussion, the parties agreed to participate in court-sponsored mediation and to take a

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limited amount of discovery to make the mediation session useful. Stipulation, ECF No. 21. The

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parties went to mediation on February 13, 2012, but they failed to resolve the case. Certification of

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Mediation, ECF No. 26.

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On March 1, 2012, the court held a second hearing on Mercedes-Benz’s motion. At the hearing,

C 11-03717

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the parties mentioned the possibility that further discovery into the condition of the vehicle (such as

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an examination of the air conditioning system during the summer months) might enable the parties

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to continue settlement discussions. Following this discussion, the court set a status conference for

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August 30, 2012 at 10:30 a.m. Minute Entry, ECF No. 27. The parties were instructed to file a joint

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status conference statement – which may include supplementary material in accordance with Civil

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Local Rule 7-3(d)(2) – no later than August 23, 2012. Id. In light of these next steps, the court

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again, with the parties’ consent, defers ruling on Mercedes-Benz’s motion to compel until after the

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August 30, 2012 status conference.

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IT IS SO ORDERED.
Dated: March 2, 2012
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 11-03717

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