Morse v. Jetblue Airways Corporation

Filing 14

STIPULATION AND ORDER Referring to Chief Magistrate Judge James for Determination of Assignment for Settlement Referral re 13 Stipulation. The Court finds good cause to refer the parties to a Magistrate Judge for an early settlement conference. How ever, although the parties have requested Chief Magistrate Judge James or Judge Laporte, the Court refers this matter to Judge James for a determination of an appropriate assignment. Signed by Judge James Ware on 2/09/2010. (ecg, COURT STAFF) (Filed on 2/10/2010)

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UNITED STATES DISTRICT R N COURT

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NO RTH ERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION PATRICE MORSE, Plaintiff, v s. JETBLUE AIRWAYS CORPORATION, and DOES 1 through 50, inclusive, Defendants. ____________________________________/

F D IS T IC T O R

Case No. C 09-2036 JW (PVT) STIPULATION AND [PROPOSED] ORDER REGARDING ADR

WHEREAS counsel for the parties met and conferred in advance of the ADR Phone Conference to discuss the form of ADR which might best facilitate a resolution of this case; and WHEREAS counsel for the parties agreed that an early settlement conference with a Magistrate Judge appeared to be the most likely ADR process to facilitate a resolution of the case, particularly given the nature of the claims and, even more so, the claimant; and WHEREAS counsel for the parties participated in an ADR Phone Conference on December 28, 2009, in which Howard A. Herman, Director of the Court's ADR Unit, concurred with counsel's assessment that an early settlement conference with a Magistrate Judge was appropriate in this case; and, / // / //

Stipulation Regarding ADR

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ATTO RNEYS FOR Defendant JETBLUE AIRWAYS CORPORATION

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Richard G. Grotch, Esq. - SBN 127713 CO DDING TO N, HICKS & DANFORTH A Professional Corporation, Lawyers 555 Twin Dolphin Drive, Suite 300 Redwood City, California 94065-2133 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail]

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WHEREA S counsel for the parties discussed those Magistrate Judges they had identified as being particularly well-suited to resolution of this controversy and to the personalities of the parties, if the Court were to order an early settlement conference with a Magistrate Judge, that either Chief M agistrate Judge James or Magistrate Judge Laporte be considered to conduct the early settlement conference; IT IS HEREBY STIPULATED, by and between plaintiff PATRICE MORSE and defendant JETBLUE AIRWAYS CORPORATION, through their counsel of record, that the Court be asked to enter an order referring this matter for an early settlement conference with a Magistrate Judge, to be conducted in approximately three to four months, and to request that if such an order were to be entered, that either Chief Magistrate Judge James or Magistrate Judge Laporte be considered to conduct the early settlement conference. SO STIPULATED. Dated: December 29, 2009 LAW OFFICE OF ARKADY ITKIN /s/ Arkady Itkin

15 B y: 16 17 18 Dated: December 29, 2009 19 20 21 22 23 24 25 26 27 28
CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 5 5 5 Twin Dolphin Drive, #300 R ed w o o d City, CA 94065

Arkady Itkin Attorneys for Plaintiff Patrice Morse CODDINGTON, HICKS & DANFORTH /s/ Richard G. Grotch B y: Richard G. Grotch (*) Attorneys for Defendant JetBlue Airways Corporation (*) I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. / // / // / // 2
Stipulation Regarding ADR

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

This matter shall be referred to Magistrate Judge _________________________, for an The Court finds good cause to refer the parties to a Magistrate Judge for an early settlement 3 early settlement conference to be conducted on a date determined to be convenient for the Court, 4 conference. is in or about March orparties of 2010. which date However, although the April have requested Chief Magistrate Judge James or Judge 5 Laporte, the Court refers this matter to Judge James for a determination of an appropriate assignment. 6 D a te d : 7 Dated: February 9, 2010 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
CODDINGTON, HICKS & DANFORTH A Professional Corp., Lawyers 5 5 5 Twin Dolphin Drive, #300 R ed w o o d City, CA 94065

_________________________________________ ___________________________ Honorable James Ware JAMES WARE d States District Judge U n i te United States District Judge

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Stipulation Regarding ADR