UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
May 18, 2006
ACTEL CORPORATION, BARBARA MCARTHUR AND JASON FENG ROBERT WILLIAMS, AN INDIVIDUAL PLAINTIFF,
ACTEL CORPORATION INC., A CALIFORNIA CORPORATION; BARBARA MCARTHUR, AN INDIVIDUAL AND AS VICE PRESIDENT OF HUMAN RESOURCES OF ACTEL CORPORATION, JASON FENG, AN INDIVIDUAL AND AS THE MANAGING SUPERVISOR OF PLAINTIFF AT ACTEL CORPORATION, AND DOES 1 THROUGH DOES 100 INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Hon. Ronald M. Whyte U.S. District Judge
STIPULATION AND ORDER REFERRING CASE TO BINDING ARBITRATION, STAYING COURT ACTION PENDING ARBITRATION, AND EXTENDING TIME FOR DEFENDANTS TO FILE RESPONSIVE PLEADING PURSUANT TO CIVIL LOCAL RULE 6-1(a)
WHEREAS, Plaintiff Robert Williams. ("Plaintiff") filed its Complaint against Actel Corporation, Barbara McArthur and Jason Feng ("Defendants") (collectively the "Parties") on February 14, 2006;
WHEREAS, Defendants removed this action to United States District Court on April 6, 2006;
WHEREAS, Plaintiff agreed to extend the time for Defendants to file their responsive pleading to April 25, 2006, which agreement was set forth in a Stipulation and filed with this Court on April 21, 2006;
WHEREAS, pursuant to an arbitration agreement set forth in the 2004 Actel Corporation Employee Guidelines, Plaintiff agreed to binding arbitration of the causes of action that he has alleged in this case; and
WHEREAS, Defendants are providing Plaintiff with a complete copy of the 2004 Actel Corporation Employee Guidelines, at his request.
NOW THEREFORE, the Parties HEREBY STIPULTAE as follows:
1. Subject to Plaintiff's review of the entire 2004 Actel Corporation Employee Guidelines, Plaintiff will comply with his agreement to arbitrate and submit the causes of action 12 that he has alleged in this case to binding arbitration pursuant to his arbitration agreement.
2. The court action shall be stayed pending the completion of the arbitration.
3. Plaintiff shall inform Defendants by 5:00 p.m. on April 26, 2006 if he refuses to proceed to binding arbitration based on any provision of the 2004 Actel Corporation Employee Guidelines.
4. If Plaintiff timely refuses to proceed to arbitration based on his review of the 2004 Actel Corporation Employee Guidelines, the deadline for Defendants to file their first responsive 19 pleading shall be extended to April 27, 2006.
IT IS SO STIPULATED.
IT IS SO ORDERED. The court action is hereby stayed until the binding arbitration has been had in accordance with the terms of the parties' agreement.
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