Opinion
Case No.: C11-03717 LB
11-01-2011
DEMETRIUS MANCE, Plaintiff, v. MERCEDES-BENZ USA, LLC, and DOE 1 through DOE 10 inclusive. Defendants.
UNIVERSAL, SHANNON & WHEELER, LLP JON D. UNIVERSAL, ESQ. Attorneys for Defendant MERCEDES-BENZ USA, LLC THE BICKEL LAW FIRM AMANDA L. GRAY, ESQ. Attorney for Plaintiff DEMETRIUS MANCE
JON D. UNIVERSAL, SBN 141255
JOSEPH R. WHEELER, SBN 216721
UNIVERSAL, SHANNON & WHEELER LLP
Attorneys for Defendant MERCEDES-BENZ USA, LLC
Honorable Laurel Beeler
STIPULATION RE LIMITED DISCOVERY; MEDIATION; AND NONWAIVER OF DEFENDANT'S LEGAL
RIGHT TO FURTHER COMPEL BINDING ARBITRATION
IT IS HEREBY STIPULATED, by and between Plaintiff DEMETRIUS MANCE ("Plaintiff") and Defendant MERCEDES-BENZ USA, LLC ("MBUSA"), by and through their respective counsel, that:
1. In furtherance of the court's October 24, 2011 order following the hearing on Defendant MBUSA's motion to compel arbitration and referring case to mediation, the parties agree to participate in court-sponsored mediation. Mediation is to be completed by no later than January 24, 2012;
2. The parties agree to take a limited amount of discovery to make the mediation session useful. In this regard, MBUSA will depose Plaintiff and inspect the subject vehicle with its technical inspector;
3. Even though the parties will engage in limited discovery and participate in the court-sponsored mediation session, MBUSA would not waive its right to move to compel Plaintiff to arbitrate his claims pursuant to the arbitration clause in the Retail Installment Sale Contract at a later date after the mediation is completed; equally, Plaintiff does not waive his right to oppose Defendant's motion to compel arbitration.
UNIVERSAL, SHANNON & WHEELER, LLP
JON D. UNIVERSAL, ESQ.
Attorneys for Defendant MERCEDES-BENZ
USA, LLC
THE BICKEL LAW FIRM
AMANDA L. GRAY, ESQ.
Attorney for Plaintiff DEMETRIUS MANCE
PURSUANT TO STIPULATION, IT IS SO ORDERED.
LAUREL BEELER
United States Magistrate Judge