Garza et al v. Mission Foods, Inc.

Filing 45

ORDER REFERRING CASE to Private ADR re 44 Stipulation filed by Mission Foods, Inc. Signed by Judge James Ware on 10/24/2008. (ecg, COURT STAFF) (Filed on 10/24/2008)

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STANLEY G. HILTON (SBN 065990) LAW OFFICES OF STANLEY G. HILTON 2570 North First Street, Suite 200 San Jose, California 95131 Telephone: [phone] Facsimile: 408-273-4693 Attorney for Plaintiffs ENRIKE GARZA and RAFAEL GUERRERO R.D. KIRWAN (SBN 46259) BRUCE JACOBS (SBN 194114) JEREMY F. BOLLINGER (SBN 240132) AKIN GUMP STRAUSS HAUER & FELD LLP 2029 Century Park East, Suite 2400 Los Angeles, California 90067-3012 Telephone: [phone] Facsimile: 310-229-1001 THOMPSON & KNIGHT LLP GREGORY HUFFMAN 1700 Pacific Avenue, Suite 3300 Dallas, Texas 75202 Telephone: [phone] Facsimile: 214-969-1751 Email: [e-mail] Admitted Pro Hac Vice Attorneys for Defendant GRUMA CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ENRIKE GARZA, RAFAEL GUERRERO, and all others similarly situated, Plaintiffs, v. MISSION FOODS INC., DBA GRUMA CORPORATION, a Texas Corporation, Defendants. Case No. C-07-02092 JW JOINT STIPULATION AND [PROPOSED] ORDER RE PRIVATE MEDIATION Courtroom: Complaint Filed: Trial Date: 8 April 13, 2007 None Set

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Joint Stipulation and [Proposed] Order re Private Mediation

C-07-02092 JW

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Plaintiffs Enrike Garza and Rafael Guerrero ("Plaintiffs") and Defendant Gruma Corporation ("Gruma") (collectively the "Parties"), by and through their respective counsel, hereby stipulate to the following: JOINT STIPULATION WHEREAS, the Parties conducted a Further ADR Phone Conference on October 20, 2008 during which the Parties mutually agreed to engage as mediator Judge William Martin, Ret., of JAMS ("mediator"); WHEREAS, Gruma Corporation agreed to advance the mediator's fee, subject to the following conditions: a. If the case settles, plaintiffs will pay one-half of the mediator's fee; b. Plaintiffs' one-half of the mediator's fee will be deducted from the amount of the final settlement; c. If the case does not settle and either goes to trial or ends for any reason other than settlement, then Gruma Corporation will pay the mediator's entire fee with no reimbursement from plaintiffs. WHEREAS, Mr. Hilton, counsel for plaintiffs, is leaving the country on a two-week trip on October 22, 2008; WHEREAS, the Parties agree to engage Judge Martin and set a mediation date after Mr. Hilton returns to the United States and contacts counsel for defendant Gruma Corporation; NOW THEREFORE, The Parties, acting by and through their counsel of record, stipulate and agree that the case be referred to Judge William Martin, Ret., of JAMS for private mediation. Dated: October 21, 2008 LAW OFFICES OF STANLEY G. HILTON Stanley G. Hilton By /s/Stanley G. Hilton Stanley G. Hilton Attorney for Plaintiffs ENRIKE GARZA and RAFAEL GUERRERO

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C-07-02092 JW

Joint Stipulation and [Proposed] Order re Private Mediation

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Dated: October 21, 2008

AKIN GUMP STRAUSS HAUER & FELD LLP R.D. Kirwan Bruce Jacobs Jeremy F. Bollinger By /s/R.D. Kirwan R.D. Kirwan Attorneys for Defendant GRUMA CORPORATION

PURSUANT TO STIPULATION, IT IS SO ORDERED.
October 24 Dated: ______________, 2008

The Honorable James Ware United States District Court Judge

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C-07-02092 JW

Joint Stipulation and [Proposed] Order re Private Mediation