Opinion
CASE NO. 11-CV-2889 CW
10-31-2011
Jessica Stagner, Plaintiff(s), v. Luxottica Retail North America, Inc., et al. Defendant(s).
Michael Hoffman Attorney for Plaintiff Julie A. Totten Attorney for Defendant
STIPULATION AND [PROPOSED] ORDER SELECTING ADR PROCESS
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: The parties agree to participate in the following ADR process:
Court Processes:
[] Non-binding Arbitration (ADR L.R. 4)
[] Early Neutral Evaluation (ENE) (ADR L.R. 5)
[] Mediation (ADR L.R. 6)
(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 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.)
[] other requested deadline ___
Michael Hoffman
Attorney for Plaintiff
Julie A. Totten
Attorney for Defendant
When filing this document in ECF, please be sure to use the appropriate ADR Docket Event, e.g., "Stipulation and Proposed Order Selecting Early Neutral Evaluation."
[PROPOSED] ORDER
Pursuant to the Stipulation above, the captioned matter is hereby referred to:
[] Non-binding Arbitration
[X] Early Neutral Evaluation (ENE)
[] Mediation
[] Private ADR
Deadline for ADR session
[] 90 days from the date of this order.
[] other
IT IS SO ORDERED.
____
UNITED STATES JUDGE
LYNNE C. HERMLE (STATE BAR NO. 99779)
ORRICK, HERRINGTON & SUTCLIFFE LLP
Menlo Park, California 94025
United States of America
JULIE A. TOTTEN (STATE BAR NO. 166470)
DAVID A. PRAHL (STATE BAR NO. 233583)
ORRICK, HERRINGTON & SUTCLIFFE LLP
Attorneys for Defendant
LUXOTTICA RETAIL NORTH AMERICA INC., an
Ohio Corporation
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JESSICA STAGNER, individually
and on behalf of all other persons similarly situated, Plaintiff,
v.
LUXOTTICA RETAIL NORTH AMERICA INC., an Ohio Corporation;
LENSCRAFTERS, INC., an Ohio Corporation, Defendants.
Case No. CV-11-2889 CW
DECLARATION OF JULIE A. TOTTEN IN SUPPORT OF DECL. OF JULIE A. TOTTEN IN SUPPORT OF
STIPULATION AND PROPOSED ORDER SELECTING ADR PROCESS
I, Julie A. Totten, declare as follows:
1. I am a member of the State Bar of California and a partner with the firm of Orrick, Herrington & Sutcliffe LLP ("Orrick"), attorneys of record for Defendant Luxottica Retail North America Inc. I have personal knowledge of the facts set forth in this declaration and could and would testify competently to them under oath if called as a witness.
2. Concurrence in the filing of the Stipulation and [Proposed] Order Selecting ADR Process has been obtained from the other signatories, which shall serve in lieu of their signature(s) on the document.
I declare under penalty of perjury that the foregoing is true and correct. Executed at Sacramento, California, on October 28, 2011.
JULIE A. TOTTEN