Filed: Apr. 29, 2015
Latest Update: Apr. 29, 2015
Summary: STIPULATION AND ORDER SUBMITTING ACTION TO BINDING ARBITRATION SANDRA M. SNYDER , Magistrate Judge . Plaintiff Tamara Maynard, acting through her counsel, Todd B. Barsotti, A Professional Law Corporation, and Defendant the University of Phoenix, Inc. a subsidiary of Apollo Education Group, Inc., acting through its counsel, Matthew E. Farmer, of the law firm of Littler Mendelson, P.C., hereby agree and stipulate that: WHEREAS, the Complaint in this matter was filed on February 27, 2015, in
Summary: STIPULATION AND ORDER SUBMITTING ACTION TO BINDING ARBITRATION SANDRA M. SNYDER , Magistrate Judge . Plaintiff Tamara Maynard, acting through her counsel, Todd B. Barsotti, A Professional Law Corporation, and Defendant the University of Phoenix, Inc. a subsidiary of Apollo Education Group, Inc., acting through its counsel, Matthew E. Farmer, of the law firm of Littler Mendelson, P.C., hereby agree and stipulate that: WHEREAS, the Complaint in this matter was filed on February 27, 2015, in F..
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STIPULATION AND ORDER SUBMITTING ACTION TO BINDING ARBITRATION
SANDRA M. SNYDER, Magistrate Judge.
Plaintiff Tamara Maynard, acting through her counsel, Todd B. Barsotti, A Professional Law Corporation, and Defendant the University of Phoenix, Inc. a subsidiary of Apollo Education Group, Inc., acting through its counsel, Matthew E. Farmer, of the law firm of Littler Mendelson, P.C., hereby agree and stipulate that:
WHEREAS, the Complaint in this matter was filed on February 27, 2015, in Fresno County Superior Court, alleging claims for (1) Discrimination Based on Disability of Medical Condition; (2) Unlawful Retaliation, Gov't Code §12940; and (3) Failure to Pay Wages;
WHEREAS, Plaintiff filed her First Amended Complaint on March 18, 2015, in Fresno County Superior court, alleging claims for (1) Discrimination Based on Disability of Medical Condition; (2) Unlawful Retaliation, Gov't Code §12940; (3) Failure to Pay Wages; and (4) Defamation;
WHEREAS, on April 8, 2015, Defendant removed this matter to Federal Court based on diversity jurisdiction in that Plaintiff and Defendant are citizens of different states and the amount in controversy exceeds $75,000.00;
WHEREAS Plaintiff executed an acknowledgment dated November 14, 2012, agreeing to submit to arbitration "any dispute arising out of or related to" her employment with Defendant, a true and correct copy of which is attached hereto as Exhibit "A", and;
Therefore, subject to the approval of this Court, it is hereby stipulated and agreed that:
1) This action shall be submitted to binding arbitration pursuant to the written arbitration agreement signed by Plaintiff;
2) All proceedings in this action shall be stayed pending the completion of the arbitration;
3) Defendant confirms that it will pay for the entire cost of arbitration (meaning the arbitration forum fees and arbitrator fees);
4) The award of the arbitrator shall constitute a final determination of the matter as to all parties and all claims, and shall be submitted as the judgment in this action.
ORDER
Pursuant to this Stipulation, IT IS SO ORDERED that this action be compelled to final and binding arbitration and that the action is stayed pending completion of arbitration.
IT IS SO ORDERED.
