JENKO v. WAL-MART STORES, INC.

Filing 6

ORDER scheduling Initial Case Management Conference for 4/24/13 at 10:00 AM in Courtroom 7A before Judge David S. Cercone. Rule 26 conference to be held on or before 4/9/13. Stipulation Selecting ADR Process and Rule 26 Meeting Report due by 4/16/13. Signed by Judge David S. Cercone on 3/13/13. (Attachments: # 1 Exhibit A - Stipulation Selecting ADR Process; and # 2 Exhibit B - Rule 26 Report Form) (njt)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Plaintiff(s),
v.

Defendant(s).

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Civil Action No.

STIPULATION SELECTING ADR PROCESS
Counsel report that they have met and conferred regarding Alternative Dispute
Resolution (ADR) and have reached the following stipulation pursuant to L.R. 16.2 and the
Court’s ADR Policies and Procedures.
I. PROCESS
Select one of the following processes:
______ Mediation
Early Neutral Evaluation (ENE)
______ Court sponsored Binding 1 Arbitration
______ Court sponsored Non-binding Arbitration
______ Private ADR (please identify process and provider)
Other (please identify process and provider)_____________________________
________________________________________________________________
*If you are utilizing a private process, be advised that the case is still governed by the
Court’s ADR Policies and Procedures. It is the responsibility of counsel to ensure that all
of the proper forms are timely submitted and filed, as required by Policies and Procedures.
II. COSTS
The parties have agreed to share the ADR costs as follows (do not complete percentages for
Court sponsored arbitration. For that process, costs are paid by the Court in accordance with 28
USC §658.):
% by Plaintiff(s)
% by Defendant(s)
If a dispute arises as to compensation and costs for the mediator/neutral evaluator/private
arbitrator, the Court will set reasonable compensation and costs.
1

For binding arbitration, please complete form “Stipulation to Binding Arbitration” located on
the Court’s website at www.pawd.uscourts.gov

III. NEUTRAL
The parties hereby designate by agreement the following individual to serve as a Neutral in the
above-styled action:
Name of Neutral:
Address of Neutral:
Telephone & FAX Numbers:
Email address of Neutral:
Date of ADR Session:

_____________________________________________
_____________________________________________
_
_____________________________________________
_____________________________________________

The parties represent that they have contacted the selected prospective neutral and have
determined that the neutral is available to conduct the ADR session within the time prescribed by
the Court's Policies and Procedures and that the neutral does not have a conflict.
IV. PARTICIPANTS
Name and title of the individual(s) who will be attending the mediation or early neutral
evaluation session, in addition to counsel, in accordance with Section 2.7 (Attendance at
Session) of the Court’s ADR Policies and Procedures:
For Plaintiff(s) ____________________
For Defendant(s) __________________
For 3rd party Deft(s) ________________

__________________________________________
Name and title
__________________________________________
Name and title
__________________________________________
Name and title

If there is insufficient space to list all parties who will be attending the session, please add
additional sheets as necessary.
Each party certifies that the representative(s) attending the ADR session on its behalf has full and
complete settlement authority, as specified in sub-section (A)(1-3) of the above section of the
Court’s ADR Policies and Procedures.

V. ACKNOWLEDGMENT
We, the undersigned parties to this action, declare that this stipulation is both consensual
and mutual.
Dated:

______________________________________
Attorney for Plaintiff(s)

Dated:

______________________________________
Attorney for Defendant(s)
Rev. 2/2012