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James Gripenstraw, An Individual, On Behalf of Himself and On v. Blazin' Wings

August 17, 2012

JAMES GRIPENSTRAW, AN INDIVIDUAL, ON BEHALF OF HIMSELF AND ON BEHALF OF ALL PERSONS SIMILARLY SITUATED, PLAINTIFF,
v.
BLAZIN' WINGS, INC., D/B/A BLAZIN' WINGS, A MINNESOTA CORPORATION; AND DOES 1 THROUGH 50, DEFENDANT.



The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

STIPULATION REGARDING CASE MEDIATION ORDER STAYING ACTION THROUGH 12/31/12 ORDER CONTINUING TELEPHONIC SCHEDULING CONFERENCE

Plaintiff JAMES GRIPENSTRAW ("Plaintiff") and Defendant BLAZIN' WINGS, INC. ("Defendant") (Plaintiff and Defendant collectively "Parties" or "Party" in the singular), by and through their respective counsel, hereby submit this Stipulation Regarding Materials and Information Provided for Purposes of Mediation. The Parties respectfully request the Court to enter an Order approving their Stipulation on the following grounds:

Whereas, the Parties have met and conferred and agreed on a private mediator, Mark Rudy and Whereas, the parties have scheduled a mediation session on December 6, 2012;

IT IS SO STIPULATED AND AGREED AS FOLLOWS:

1. Purposes

The purposes of this Stipulation are:

A. To protect the interests of all Parties during the pendency of negotiations and mediation concerning disputes relative to Plaintiff's claims, asserted individually, representatively, and on behalf of a putative class, in the above captioned action ("Litigation"); and

B. To facilitate the resolution of the Litigation through good faith negotiations concerning the disputed claims with the express objective of seeking a final settlement.

2. No Admission Of Liability.

The Parties expressly recognize and agree that entering into this Stipulation and undertaking discussions and mediation does not in any way constitute an admission of liability or any wrongdoing by any Party, and that all discussions and negotiations pursuant to this Stipulation will constitute conduct and statements made in an effort to compromise claims within the meaning of the Federal Rules of Evidence, Rule 408, and/or any similar state rule of evidence, and shall be inadmissible.

3. Confidentiality Of Information To Be Exchanged

When used in this Stipulation, the words "documents" and "information" shall have the broadest meanings possible and shall include, without limitation, all originals written, recorded or graphic matters and all copies thereof, as well as all electronic data, and all statements whether oral or written.

The Parties acknowledge that the following information shall be available for use during the mediation process:

A. During the mediation process, the Parties may exchange information in a variety of forms, including but not limited to: (1) verbal, written and electronic communications; (2) production of documents; (3) interviews and/or depositions; (4) production of electronic databases; and (5) offers, promises, conduct and statements. Any exchange of information between the ...


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