Perez v. 24 Hour Fitness

Filing 7

ORDER re 6 Stipulation filed by 24 Hour Fitness, ORDER DISMISSING CASE. Signed by Judge Paul S. Grewal on September 16, 2011. (psglc2, COURT STAFF) (Filed on 9/19/2011)

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Kathleen Maylin (SBN 155371)
Mia N. Tucker (SBN 268389)
JACKSON LEWIS LLP
199 Fremont Street 10111 Floor
San Francisco, Calitomia 94105
Telephone: [phone]
Facsimile: [phone]
Email: MaylinKfal,jacksonlewis.cQm
Mia.TuckerrO:{jacksonlewis.com
Attorneys for Dctcndant
24 HOUR FITNESS USA. INC. (erroneously sued
as '"24 HR Fitness")
Carl Alfred Lindstrom Jr
LINDSTROM LAW OFFICF.::S
1975 Hamilton Avenue, Suite 27
San Jose, California 95125
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiff
SUSAN PEREZ

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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No. C 11-03078 PSG

SUSAN PEREZ.
Plaintiff:

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Complaint filed:

v.

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STIPULATION RE DISMISSAL OF
ACTION AND REFERRAL TO
BINDING ARBITRATION;
[PROPOSED] ORDER

Defendant.

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24 HR FITNESS.

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June 22. 2011

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TO THE HONORABLE COURT:
WHEREAS on October 23. 2000 and January 25. 2005. Plaintiff SUSAN PEREZ

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("Plaintiff') signed acknowledgements agreeing to arbitrate any dispute. claim or controversy

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arising out of her employment (OJ' termination of employment) with her former employer, 24

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Hour Fitness USA, Inc. ("24 Hour Fitness") (erroneously sued herein as "'24 HR Fitness")
STIPULATION

RE DISMISSAl. OF

ACTION AND

RP.FERRAL TO BINDING ARBITRATION:
[PROPOSED] OIWER

(No. C 11·03078 PSG)

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(collectively ••the Parties")~ and to submit the dispute to a neutral arbitrator for resolution via

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binding arbitration.

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WHEREAS on June 22, 2011. Plaintiff Susan Perez filed a Complaint ("Complaint") in

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the United States District Court, Northern District of California, alleging age discrimination

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against 24 Hour Fitness.

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WHEREAS on September 12.2011. Plaintiff agreed to dismiss this civil action and

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submit her claim to final and binding atbitration pursuant to the terms of the Parties' employment

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agreement.

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IT IS HEREBY STIPULATED AND AGREED by and between the Parties through their
respective counsel of record:

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This action be dismissed to allow the parties to submit to binding arbitration
pursuant to contractual agreement

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The parties will refer this matter for binding arbitration before a mutually agreed
upon arbitratot at JAMS San Francisco.

IT IS SO STIPULATED:

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JACKSON LEWIS LLP

Date: September_, 2011

//_~
By: -----_;;:::...-""'----~
Kathleen Maylin

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Mia N. Tucker

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Attorneys for Defendant
24 HOUR FITNESS USA. INC.
(erroneously sued as ·•24 f-IR Fitness")

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Date: September d.~ 2011

OFFICES

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By:_-=-~':-L-:---~----­

Carl indstrom
Attor.1eys for Plaintiff
SUSAN PEREZ

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STIPULATION RE DISMISSAL Or ACTION AND
ReFERRAL TO BINDING ARI31'i'RATION;

[PROI)OSED) ORDER

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(No. C 11-03078 PSG)

[PROPOSE.DIOR.DER
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Based on this Stipulation of the Parties and for good cause shown. it is h~reby ordered that

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the terms of this Stipulation are approved and adopted. and this action shall be dismissed and the

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Parties may submit the claims to binding arbitration.

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THE FOREGOING STIPULATION
IS APPROVED AN.D IS SO OR.DERE.D.

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Dated: 9/16/2011

United States District Court Judge

Magistrate

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II

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4823·9264·9226, v. I

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STIPULATIOtoi Rr; DISMISSAL OF ACTION t\NI)
REFERRAL TO BINDING ARBITRATION~
(PROP0$1:1)] ORDER

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(No. C 11·03078 PSG)