Gary Marsh v. Federal Home Loan Bank of San Francisco

Filing 15

STIPULATION AND ORDER SUBMITTING ENTIRE ACTION TO ARBITRATION re 14 STIPULATION and Proposed Order selecting Private ADR by Gary Marsh Stipulation to Arbitrate filed by Gary Marsh, Federal Home Loan Bank of San Francisco, Case stayed. The Motion to Compel 10 is denied as moot. Signed by Magistrate Judge Kandis A. Westmore on 9/27/16. (sisS, COURT STAFF) (Filed on 9/27/2016)

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ILG Legal Office
Stephen Noel Ilg (SBN 275599)
[e-mail]
Frank Zeccola 308875
[e-mail]
555 California Street, Suite 4925
San Francisco, CA 94104
Attorneys for Plaintiff Gary Marsh

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Douglas J. Melton, Bar No. 161353
April P. Santos, Bar No. 266367
LONG & LEVIT LLP
465 California Street, 5th Floor
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
Attorneys for Defendant
FEDERAL HOME LOAN BANK OF SAN
FRANCISCO

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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Gary Marsh, on behalf of himself,

Case No. 4:16-cv-05084-KAW

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Plaintiff
vs.
Federal Home Loan Bank of San
Francisco, a California Corporation, and
DOES 1 through 100, inclusive,

JOINT STIPULATION AND
[PROPOSED] ORDER SUBMITTING
ENTIRE ACTION TO ARBITRATION
AND STAYING PROCEEDING

Defendants.

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-1Marsh v. Federal Home Loan Bank
Joint Stipulation and [Proposed] Order Submitting Entire Action to Arbitration

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Plaintiff GARY MARSH (“Plaintiff”) and FEDERAL HOME LOAN BANK OF SAN

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FRANCISCO (“Defendant”), by and through their respective counsel of record, hereby stipulate

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and agree as follows:

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WHEREAS, on July 19, 2016, Plaintiff filed a Complaint against Defendant in the
Superior Court of California, County of San Francisco;
WHEREAS, Defendant removed the case to the United States District Court, Northern
District of California;

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WHEREAS, during his employment with Defendant, Plaintiff entered into an agreement

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to arbitrate any and all claims arising out of Plaintiff’s employment with Defendant, pursuant to

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the Federal Arbitration Act (9 U.S.C. §§ 1-16), which Defendant contends is valid and binding

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with respect to Plaintiff’s claims in this action (the “Arbitration Agreement”);

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WHEREAS, Plaintiff and Defendant agree that Plaintiff’s claims should be submitted to
binding arbitration, pursuant to the terms of the Arbitration Agreement;
WHEREAS, the parties agree that Plaintiff’s Complaint against Defendant filed on July
19, 2016 is deemed as the served Request for Arbitration;

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WHEREAS, the parties agree to stay all proceedings in this case until arbitration has

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been completed; provided however, that this stipulation shall not be construed as a waiver of

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Defendant’s right to seek dismissal of this case upon completion of the binding arbitration.

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NOW, THEREFORE, IT IS HEREBY STIPULATED between the Parties, by and
through their respective attorneys of record, subject to an order of the Court, that:
(1) All of Plaintiff’s claims in this case shall be submitted to final and binding
arbitration in accordance with the Arbitration Agreement;
(2) The Parties agree to meet and confer regarding the selection of a mutually agreeable
arbitrator;
(3) This action shall be stayed pursuant to 9 U.S.C. § 3 pending the completion of
binding arbitration;
(4) The Court shall retain jurisdiction to enter orders regarding the arbitrator’s award as
provided in 9 U.S.C. §§ 9-13; and
-2Marsh v. Federal Home Loan Bank
Joint Stipulation and [Proposed] Order Submitting Entire Action to Arbitration

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(5) Any and all pending deadlines before or with this Court should be taken off calendar.
IT IS SO STIPULATED.

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DATED: September 23, 2016

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/s/ Stephen Noel Ilg
______________________________________
Stephen Noel Ilg
Ilg Legal Office
Attorneys for Plaintiffs

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Dated: September 23, 2016
/s/ Douglas J. Melton
_______________________________________
Douglas J. Melton
Long & Levit, LLP
Attorneys for Defendant
Federal Home Loan Bank of San Francisco

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Pursuant to Local Rule 5-1(i)(3), I, STEPHEN NOEL ILG, attest that
concurrence in the filing of this document has been obtained from each of the other Signatories.

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DATED: September 23, 2016
/s/ Stephen Noel Ilg
______________________________________
Stephen Noel Ilg
Ilg Legal Office
Attorneys for Plaintiffs

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-3Marsh v. Federal Home Loan Bank
Joint Stipulation and [Proposed] Order Submitting Entire Action to Arbitration

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ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
9/27/16
Dated:_____________________

__________________________________________

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MAGISTRATE KANDIS A. WESTMORE

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-4Marsh v. Federal Home Loan Bank
Joint Stipulation and [Proposed] Order Submitting Entire Action to Arbitration