Opinion
CASE NO. 1:11-CV-00205-OWW-GSA
08-29-2011
MODESTA GONZALEZ, individually, and on behalf of the general public and all others similarly situated, Plaintiffs, v. TWO JINN, INC., a California corporation doing business as "Aladdin Bail Bonds;" and DOES 1 through 10, inclusive Defendants.
FRED M. PLEVIN (SBN 126185) JEFFREY P. AMES (SBN 234871) NOAM GLICK (SBN 251582) PAUL, PLEVIN, SULLIVAN & CONNAUGHTON LLP Attorneys for Defendant TWO JINN, INC. DAVID D. DEASON (SBN 207733) MATTHEW F. ARCHBOLD (SBN 210369) DEASON & ARCHBOLD Attorneys for Plaintiff
FRED M. PLEVIN (SBN 126185)
JEFFREY P. AMES (SBN 234871)
NOAM GLICK (SBN 251582)
PAUL, PLEVIN, SULLIVAN & CONNAUGHTON LLP
Attorneys for Defendant
TWO JINN, INC.
DAVID D. DEASON (SBN 207733)
MATTHEW F. ARCHBOLD (SBN 210369)
DEASON & ARCHBOLD
Attorneys for Plaintiff
STIPULATION AND ORDER FOR
DISMISSAL WITHOUT PREJUDICE
Judge:Hon. Oliver W. Wanger
Plaintiff Modesta Gonzalez, as represented by her counsel, David D. Deason of Deason & Archbold, and Defendant Two Jinn, Inc., d/b/a Aladdin Bail Bonds ("Aladdin"), as represented by Jeffrey P. Ames of Paul, Plevin, Sullivan & Connaughton LLP, hereby enter into the following stipulation:
WHEREAS, Plaintiff originally pursued this matter on a class basis at arbitration, pursuant to the terms of the parties' arbitration agreement;
WHEREAS, JAMS refused to hear the matter as a class action and Plaintiff filed this matter on a class basis in this Court;
WHEREAS, after the filing of this action, several factors have contributed to Plaintiff's decision not to continue to pursue this matter on a class basis;
WHEREAS, on July 7, 2011, Aladdin filed its Petition to Compel Arbitration, currently set for hearing on September 12, 2011;
WHEREAS, on July 13, 2011, Plaintiff filed her Motion to Transfer Pursuant to 28 USC §1404(a) ("Motion to Transfer"), also set for hearing on September 12, 2011;
WHEREAS the parties have reached an agreement to dismiss this action without prejudice and proceed to private arbitration.
NOW, THEREFORE, the parties hereto stipulate as follows:
1. Plaintiff Gonzalez does not oppose Defendant's Petition to Compel Arbitration and agrees that the case may be arbitrated pursuant to the express terms of the Dispute Resolution Agreement between Gonzalez and Two Jinn, Inc., dated June 1, 2004.
2. Plaintiff Gonzalez hereby withdraws her Motion to Transfer.
3. Plaintiff's action is dismissed without prejudice and the Parties agree that Plaintiff's individual claims will be arbitrated pursuant to the express terms of the Dispute Resolution Agreement between Gonzalez and Two Jinn, Inc.
4. The parties stipulate that the file date for the purposes of the statute of limitations on Plaintiff Gonzalez's individual claims will continue to be the date Plaintiff Gonzalez mailed her original Demand for Arbitration on August 27, 2010.
5. The Parties shall bear their own costs to date.
IT IS SO AGREED.
PAUL, PLEVIN, SULLIVAN &
CONNAUGHTON LLP
FRED M. PLEVIN
JEFFREY P. AMES
NOAM GLICK
Attorneys for Defendant
Two Jinn, Inc.
DEASON & ARCHBOLD
DAVID D. DEASON
MATTHEW F. ARCHBOLD
Attorneys for Individual and
Representative Plaintiff
After consideration of the above stipulation, IT IS HEREBY ORDERED:
1. The Court vacates the September 12, 2011 hearing regarding Plaintiff Gonzalez' Motion to Transfer and Defendant's Petition to Compel Arbitration.IT IS SO ORDERED.
2. Plaintiff's action is dismissed without prejudice and Plaintiff's individual claims will be arbitrated pursuant to the express terms of the Dispute Resolution Agreement between Gonzalez and Two Jinn, Inc.
3. The file date for purposes of the statute of limitations on Plaintiff Gonzalez's individual claims will continue to be the date Plaintiff Gonzalez mailed her original Demand for Arbitration on August 27, 2010.
4. The Parties shall bear their own costs to date.
Oliver W. Wanger
UNITED STATES DISTRICT JUDGE