Feske et al v. MHC Thousand Trails Limited Partnership et al

Filing 29

AMENDED STIPULATION AND ORDER SELECTING ADR PROCESS re 27 Stipulation filed by Teri Feske, David Feske. Signed by Judge Paul S. Grewal on October 13, 2011. (psglc1, COURT STAFF) (Filed on 10/13/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 JENNER & BLOCK LLP David J. Bradford (Pro Hac Vice) Michael T. Brody (Pro Hac Vice) 353 North Clark Street Chicago, Illinois 60654 Telephone: (312) 222-9350 Fax: (312) 840-7711 Jean M. Doherty (Cal. Bar No. 264308) 633 West 5th Street, Suite 3500 Los Angeles, California 90071 Telephone: (213) 239-5100 Fax: (213) 239-5182 COUNSEL FOR DEFENDANTS SHENKMAN & HUGHES Kevin I. Shenkman (Cal. Bar No. 223315) 8905 Wight Road Malibu, California 90265 Telephone: (310) 457-0970 R. REX PARRIS LAW FIRM R. Rex Parris (Cal. Bar No. 965567) Alexander R. Wheeler (Cal. Bar No 239541) 2220 10th Street West, Suite 109 Lancaster, California 93534 Telephone: (800) 960-9005 COUNSEL FOR PLAINTIFFS 14 15 UNITED STATES DISTRICT COURT 16 FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) 17 DAVID FESKE and TERI FESKE, individually and on behalf of Class Members, 18 19 20 21 22 23 24 Plaintiffs, v. CASE NO. 11-04124 (PSG) MHC THOUSAND TRAILS LIMITED PARTNERSHIP; MHC OPERATING LIMITED PARTNERSHIP; EQUITY LIFESTYLE PROPERTIES, INC., a Maryland corporation; THOUSAND TRAILS MANAGEMENT SERVICES, INC.; a Nevada corporation; and Does 1-100, inclusive, AMENDED STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS Defendants. 25 26 Amended Stipulation and [Proposed] Order Selecting ADR Process 1 2 Counsel report that they have met and conferred regarding ADR and have reached the following stipulation pursuant to Civil L.R. 16-8 and ADR l.R.3-5: 3 The parties agree to participate in the following ADR process: 4 Court Processes: 5 Non-binding Arbitration (ADR L.R. 4) 6 Early Neutral Evaluation (ENE) (ADR L.R. 5) 7 Mediation (ADR L.R. 6) 8 9 10 11 12 (Note: Parties who believe that an early settlement conference with a Magistrate Judge is appreciably more likely to meet their needs than any other form of ADR, must participate in an ADR phone conference and may not file this form. They must instead file a Notice of Need for ADR Phone Conference. See Civil Local Rule 16-8 and ADR L.R. 3-5) Private Process: Private ADR (please identify process and provider) the parties have agreed to pursue private mediation and are currently identifying an appropriate mediator. 13 14 15 The parties agree to hold the ADR session by: The presumptive deadline (The deadline is 90 days from the date of the order referring the case to an ADR process unless otherwise ordered. ) 16 Other requested deadline: January 31, 2012 17 18 Dated: October 12, 2011 SHENKMAN & HUGHES KEVIN I. SHENKMAN MARY R. HUGHES 19 20 R. REX PARRIS LAW FIRM R. REX PARRIS ALEXANDER R. WHEELER KITTY K. SZETO 21 22 23 24 25 By: /s/ Alexander R. Wheeler Attorneys for Plaintiffs David and Teri Feske, individually and on behalf of Class Members 26 2 Amended Stipulation and [Proposed] Order Selecting ADR Process 1 2 3 Dated: October 12, 2011 JENNER & BLOCK LLP DAVID J. BRADFORD MICHAEL T. BRODY JEAN M. DOHERTY 4 5 6 7 By: /s/ David J. Bradford Attorneys for Defendants MHC Thousand Trails Limited Partnership; MHC Operating Limited Partnership; Equity Lifestyle Properties, Inc.; and Thousand Trails Management Services, Inc. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 3 Amended Stipulation and [Proposed] Order Selecting ADR Process 1 UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA (SAN JOSE DIVISION) 3 DAVID FESKE and TERI FESKE, individually and on behalf of Class Members, 4 5 6 7 8 9 10 Plaintiffs, v. CASE NO. 11-04124 (PSG) MHC THOUSAND TRAILS LIMITED PARTNERSHIP; MHC OPERATING LIMITED PARTNERSHIP; EQUITY LIFESTYLE PROPERTIES, INC., a Maryland corporation; THOUSAND TRAILS MANAGEMENT SERVICES, INC.; a Nevada corporation; and Does 1-100, inclusive, Defendants. 11 12 STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS [PROPOSED] ORDER Pursuant to the Stipulation above, the captioned matter is hereby referred to: 13 Non-binding Arbitration 14 Early Neutral Evaluation (ENE) 15 Mediation 16 Private ADR 17 18 Deadline for ADR session 19 90 days from the date of this order. 20 Other: January 31, 2012 21 22 IT IS SO ORDERED. 23 24 25 October 13, 2011 Dated: ____________________ ______________________________ MAGISTRATE JUDGE 26 4 Amended Stipulation and [Proposed] Order Selecting ADR Process

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