Free Stipulation - District Court of California - California

Case 3:07-cv-02985-VRW

Document 15

Filed 08/31/2007

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LOUIS A. HIGHMAN, State Bar Mo. 61703 LAWRENCE BALL, State Bar No. 60496 2 HIGHMAN, HIGHMAN & BALL

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A Professional Law Association
3 870 Market Street, Suite 467 San Francisco, CR. 94102 4 Telephone-. ( 1 ) 982-5563 45 Facsimile: ( 1 ) 982-5202 45 5

Attorneys for Plaintiff Debra Rodriguez
6 7 BRIAN T. McMXLLBN, State Bar Wo. 111890 MARYAM S. KARSON, State Bar No. 2 1 8 214 8 LITTLER MENDELSON

SO West San Fernando Street, 14th Floor San Jose, CA 95113.2303 10 Telephone: ( 0 ) 998-4150 48 Facsimile: ( 0 ) 288-5686 48 11
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A Professional Corporation

Attorneys for Defendant HILTI, INC.

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In tbe United states District Court
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In and for the Northern District of California
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DEBRA RODRIGUEZ,

Civ. No. C 07 2985 MJJ STIPULATION TO SUBMIT MATTER TO BIMDING ARBITRATION AND STAY ACTION PENDING CONCLUSION OP ARBITRATION, AND ORDER THEREON

Plaintiff,
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1 9 20 HILTI, INC., 21 22 23 24

Defendant.
IT IS HEREBY STIPULATED by and between the parties to the above-entitled case, by and through their'respective counsel, as follows: IT IS HEREBY STIPULATED that this Court shall order the above-entitled case, Pebar& Rodriguez v. Hilti, inc., Case No.

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tip and order Be Axxu.cra.tioa.--Debra Roixiguez1 v. Hlltl, inc.; Civ. NO. C 07 2985 MJJ

Case 3:07-cv-02985-VRW

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Filed 08/31/2007

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C 07 2985 MJJ' to binding arbitration. IT IS FURTHER STIPULATED that the Hon. Demitrios P, Agretelis (Ret-) shall be appointed as the neutral arbitrator in the binding arbitration of this matter, and shall be the only arbitrator, IT IS FURTHER STIPULATED that the arbitration proceedings shall be conducted in San Franciscoe California.
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IT IS FURTHER STIPULATED that the prevailing JAMS arbitration rules shall be applicable to the binding arbitration of this matter with the following exception, i.e., that instead of the JAMS arbitration rules as to discovery applying to this case, discovery in this case shall instead be conducted in accordance with, and governed by, all rules governing discovery set forth in the Federal Rules of Civil Procedure and Local Rules for the Northern District.of California. Additionally, each side shall serve initial disclosures on the other side, in accordance with the procedure set forth in the Federal Rules of Civil Procedure and the Local Rules of the Northern District of California. The appointed arbitrator shall have the authority and power to issue subpoenas for the attendance of witnesses or the production of documents in connection with discovery proceedings and/or at any trial of this matter. The appointed arbitrator shall oversee discovery, and shall resolve all disputes concerning discovery, in accordance with the rules governing discovery set forth in the Federal Rules of Civil Procedure and Local Rules for the Northern District

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»cip ami osflar He Arbicratioa--bcbra Rosarigue* v. Kilci, Inc.; civ. NO, c 07 2S8S MJJ

Case 3:07-cv-02985-VRW

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Filed 08/31/2007

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1 | f California. o
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IT IS FURTHER STIPT3LATSD that this action shall be

3 stayed pending the conclusion of the binding arbitration. 4

IT IS ALSO STIPULATED'that Plaintiff's arbitration fees

5 and costs shall be paid by defendant Hilti, Inc. 5 7 8 Dated: 9
10 11 12 13 Dated: 14 15 16 17 18 19

SO STIPULATED.

y/v/07
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'.MCMILLAN LITTLER MENDELSON A Professional Corporation Attorneys for Defendant HILTI, INC.

$fil/tf
' O I A. HIGHMAN EUS HXGHMAN, HIGHMAN & BALL Attorneys for Plaintiff DEBRA RODRIGUEZ ORDER

Good cause appearing therefor,
IT IS HEREBY ORDERED THAT the above-entitled case, Debra

20 Rodriguez v. Hilti. Inc., Case No. C 07 2985 MJJ is referred 21

to binding arbitration, as per the terms and conditions set forth in the stipulation o£ the parties pertaining thereto. DATED:
HON. MARTIN J. JENKINS

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Slip and Order Re ftrbiWattlon--Bebzw Rodriguez v. Kilti, lac.; Giv^Ho. C 07 298S MJJ