MORRISON C. ENGLAND
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
RICHARD M. WATTS, JR., ESQ. (SBN 221268)
JEREMY S. MILLSTONE, ESQ. (SBN 166901)
2267 Lava Ridge Court, Suite 210
Roseville, CA 95661
Phone: (916) 780-8222
Fax: (916) 780-8775
Attorneys for Plaintiff
HUNTLEY, MULLANEY, SPARGO & SULLIVAN, INC.,
A CALIFORNIA CORPORATION
WHITNEY M. H. WALSH, ESQ. (SBN 284407)
1080 Delaware Street, Suite 213
Berkeley, CA 94710
Phone: (214) 538-7969
Fax: (214) 367-4325
Attorneys for Defendant
EDWARD C. BAILEY
STIPULATION AND ORDER TO
COMPEL ARBITRATION AND DISMISS
ACTION
Trial Date: Not Set
Honorable Kendall J. Newman
STIPULATION
Plaintiff Huntley, Mullaney, Spargo & Sullivan, Inc. ("Plaintiff") and Defendant Edward C. Bailey ("Defendant") do hereby agree and Stipulate to an Order compelling arbitration and dismissing the action.
Plaintiff filed its Petition to Compel Arbitration [Doc. No. 5] on January 10, 2013. Defendant's counsel notified Plaintiff's counsel on February 22, 2013, that Defendant would consent to arbitration so Defendant did not file a response or objection. On February 27, 2013 Plaintiff and Defendant agreed to stipulate to compel binding arbitration pursuant to the terms of the parties' written agreement dated on or about March 1, 2012.
The parties jointly request that the Court enter the following Order approving this Stipulation:
1. The Court enter this Order granting Plaintiff's motion to compel binding arbitration of the parties' dispute pursuant to the arbitration clause set forth in the Agreement entered into between Plaintiff and Defendant on or about March 1, 2012 and pursuant to the Federal Arbitration Act; and
2. The Court enter an Order dismissing this action without prejudice to any claims or defenses of the parties.
IT IS SO STIPULATED:
MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
By: _________________________________
RICHARD M WATTS, JR.
Attorneys for Plaintiff
HUNTLEY, MULLANEY, SPARGO & SULLIVAN, INC.,
A CALIFORNIA CORPORATION
By: _________________________________
WHITNEY M. H. WALSH
(AS AUTHORIZED ON FEBRUARY 27, 2013)
Attorneys for Defendant
EDWARD C. BAILEY
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/s/) within this e-filed document. MILLSTONE PETERSON & WATTS, LLP
Attorneys at Law
Richard M. Watts, Jr.
ORDER
The Court hereby approves the parties' stipulation as follows:
1. The Court grants Plaintiff's motion to compel arbitration; and
2. This matter is dismissed without prejudice to the claims or defenses of the parties..
IT IS SO ORDERED.
_________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE