Moua v. International Business Machines Corporation et al

Filing 25

ORDER REFERRING CASE to Mediation re 24 Stipulation. Signed by Judge James Ware on 12/13/2010. (ecg, COURT STAFF) (Filed on 12/13/2010)

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Moua v. International Business Machines Corporation et al Doc. 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Aaron L. Agenbroad (State Bar No. 242613) alagenbroad@jonesday.com Catherine Nasser (State Bar No. 246191) cnasser@jonesday.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94105 Telephone: (415) 626-3939 Facsimile: (415) 875-5700 Matthew W. Lampe (admitted pro hac vice) mwlampe@jonesday.com Wendy C. Butler (admitted pro hac vice) wbutler@jonesday.com JONES DAY 222 East 41st Street New York, NY 10017 Telephone: (212) 326-3939 Facsimile: (212) 755-7306 Attorneys for Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION Alan B. Bayer (State Bar No. 216706) alanbayer@aol.com Heather E. Borlase (State Bar No. 216729) heatherborlase@aol.com BAYER & BORLASE 912 Cole Street, #238 San Francisco, CA 94117 Telephone: (415) 558-9960 Facsimile: (415) 558-9970 Attorneys for Plaintiff MAY MOUA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MAY MOUA, individually and on behalf of all others similarly situated, and for the interest of the general public, Plaintiffs, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a California business entity, form unknown, JOSEPH KOENIG, an Individual and DOES l-200, Defendant. Case No. C 10-01070 JW STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Pursuant to ADR Local Rule 2-3 and Civil Local Rule 7-12, all parties to this action, through their duly authorized undersigned counsel, stipulate and request as follows: WHEREAS, on August 30, 2010, the parties filed a Stipulation and [Proposed] Order STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Case No. C 10-01070 JW Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Selecting ADR Process, choosing private mediation as the preferred method of alternative dispute resolution. (Docket No. 13.) WHEREAS, on September 1, 2010, the Court entered an Order referring the abovecaptioned matter to private mediation to be completed on or before December 30, 2010. (Docket No. 14.) WHEREAS, after a meaningful and diligent effort to select an agreed-upon private mediator, including the exchange of information related to potential mediators, the parties have been unable to agree upon a private mediator at this time. WHEREAS, both parties believe that this matter may be better suited for the Court ADR process, specifically, mediation pursuant to ADR Local Rule 6. WHEREAS, subject to the appointed mediator's availability, the parties agree to hold the mediation within sixty (60) days from the date of referral. IT IS HEREBY STIPULATED by and between the parties, through their respective counsel: 1. The parties shall participate in a Court sponsored mediation pursuant to ADR Local Rule 6. 2. Subject to the appointed mediator's availability, the parties shall hold the ADR session within sixty (60) days from the date of referral. IT IS SO STIPULATED. I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document. Dated: December 10, 2010 Respectfully submitted, Jones Day By: /S/ Catherine S. Nasser Catherine S. Nasser Counsel for Defendant INTERNATIONAL BUSINESS MACHINES CORPORATION STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Case No. C 10-01070 JW -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: December 9, 2010 Respectfully submitted, Bayer & Borlase By: /S/ Alan B. Bayer Alan B. Bayer Counsel for Plaintiff MAY MOUA [PROPOSED] ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED. December 13 Date: _____________, 2010 __________________________ Hon. James Ware United States District Court Judge SFI-655865v1 STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Case No. C 10-01070 JW -3-

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