Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 1 of 51
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`MORGAN, LEWIS & BOCKIUS LLP
`Michael D. Weil, Bar No. 209056
`michael.weil@morganlewis.com
`One Market
`Spear Street Tower
`San Francisco, CA 94105-1596
`Tel:
`+1.415.442.1000
`Fax: +1.415.442.1001
`Attorneys for Petitioners
`TESLA MOTORS, INC. and ELON MUSK
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`TESLA MOTORS, INC. and ELON MUSK,
`Petitioners,
`
`vs.
`CHRISTINA BALAN,
`Respondent.
`
`Case No.
`PETITION TO CONFIRM
`ARBITRATION AWARD
`
`Petitioners, TESLA MOTORS, INC., and ELON MUSK, (“Petitioners”), by and through
`their attorneys, MORGAN, LEWIS & BOCKIUS LLP, for its Petition to Confirm Arbitration
`Award against CHRISTINA BALAN (“Respondent” or “Ms. Balan”) allege as follows:
`SUMMARY OF PROCEEDINGS
`Tesla Motors Inc., (“Tesla”), and Elon Musk seek judicial confirmation of an arbitration
`1.
`award rendered against a former employee, Ms. Balan.
`2.
`On January 15, 2019, Ms. Balan filed a lawsuit against Tesla for defamation in the United
`States District Court for the Western District of Washington. Complaint, Balan v. Tesla Motors
`Inc., No. C19-67 MJP (W.D. Wash. Jan. 15, 2019), ECF No. 1. Ms. Balan’s defamation claim
`was based on a statement made by Tesla on September 11, 2017. Id. at 2.
`3.
`On April 18, 2019, Tesla filed a motion to compel arbitration on the grounds that Ms.
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`ATTORNEYS AT LAW
`SAN FRANCISCO
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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 2 of 51
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`Balan’s claims were subject to a mandatory arbitration agreement contained in her employment
`agreement with Tesla. Motion to Compel Arbitration, Balan v. Tesla Motors Inc., No. C19-67
`MJP (W.D. Wash. Apr. 18, 2019), ECF No. 17. The arbitration agreement provided that the
`arbitration should be conducted before JAMS in San Francisco, California. The arbitration
`agreement further provided that California law would apply to Ms. Balan’s claims. See
`Declaration of Nicole White in Support of Motion to Compel Arbitration at 14, Balan v. Tesla
`Motors Inc., No. C19-67 MJP (W.D. Wash. Apr. 18, 2019), ECF No. 18.
`4.
`On June 27, 2019, the district court granted in part and denied in part Tesla’s motion to
`compel arbitration, ordering that the litigation of some of the alleged defamatory statements were
`subject to arbitration and some were not, thereby splitting Ms. Balan’s claims. Balan v. Tesla
`Motors, Inc., No. C19-67 MJP, 2019 WL 2635903 (W.D. Wash. June 27, 2019).
`5.
`On or about July 12, 2019, Ms. Balan filed a demand for arbitration with JAMS in San
`Francisco regarding the claims that the district court held were subject to arbitration.
`6.
`On July 29, 2019, Tesla filed an appeal of the district court’s order. Notice of Civil
`Appeal, Balan v. Tesla Motors Inc., No. C19-67 MJP (W.D. Wash. July 29, 2019), ECF No. 42.
`7.
`On August 9, 2019, the employment arbitration commenced before JAMS. A copy of the
`notice of commencement of the arbitration is annexed hereto as Exhibit “A”.
`8.
`On September 3, 2019, the Honorable Richard J. McAdams (Ret.) was appointed as an
`Arbitrator. A copy of the appointment of arbitrator is annexed hereto as Exhibit “B”.
`9.
`On July 8, 2020, the Arbitrator granted a stay of the arbitration pending the appeal before
`the Ninth Circuit. A copy of the order is annexed hereto as Exhibit “C”.
`10.
`On March 22, 2021, the Ninth Circuit issued its Memorandum decision reversing the
`district court’s partial denial of Tesla’s motion to compel arbitration and ordering that Balan’s
`entire defamation claim was subject to mandatory arbitration. Balan v. Tesla, Inc., 840 F. App’x
`303 (9th Cir. 2021).
`11.
`On April 22, 2021, the district court issued its order closing the case. Order Closing Case,
`Balan v. Tesla Motors Inc., No. C19-67 MJP (W.D. Wash. Apr. 22, 2021), ECF No. 75.
`12.
`On May 24, 2021, Ms. Balan amended her Demand for Arbitration to add Mr. Musk as a
`PETITION TO CONFIRM ARBITRATION
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`ATTORNEYS AT LAW
`SAN FRANCISCO
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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 3 of 51
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`party and asserted a separate defamation claim against him based on an allegedly defamatory
`statement made two years earlier in August 2019.
`13.
`On June 15, 2021, Tesla and Mr. Musk filed an Answer to Ms. Balan’s Amended
`Demand, which included a statute of limitations defense to each defamation claim.
`14.
`On September 22, 2021, Petitioners filed a Motion to dismiss Ms. Balan’s defamation
`claims asserting that the defamation claims were each time-barred under California’s one-year
`statute of limitations.
`15.
`On November 3, 2021, the Arbitrator granted Petitioners’ Motion to Dismiss and issued
`an Award providing for a complete defense to all of Ms. Balan’s claims. A copy of the order and
`award is annexed hereto as Exhibit “D”. The Arbitrator found that each of Ms. Balan’s claims are
`time-barred by the one-year California statute of limitation for defamation claims. For the first
`claim against Tesla, the Arbitrator concluded that none of Ms. Balan’s reasons presented in her
`opposition serve as a cognizable basis for finding an exception to the applicable one-year
`California statute. As for the second claim against Mr. Musk, the Arbitrator found the claim is
`likewise time-barred. Additionally, the Arbitrator concluded that Ms. Balan presented no
`evidence that Tesla or Ms. Musk individually prevented or dissuaded Ms. Balan from pursuing
`litigation or arbitration based on the purported defamatory statements that were allegedly made on
`September 11, 2017 and August 7, 2019.
`16.
`Tesla and Elon Musk now seek an order from this Court under the Federal Arbitration Act
`9 U.S.C. § 9, confirming the Arbitration Award dated November 3, 2021 rendered in an
`arbitration before JAMS Arbitration and entry of judgment against Ms. Balan thereon pursuant to
`9 U.S.C. § 13.
`
`PARTIES
`Tesla is a corporation that is incorporated in the State of Delaware and has its principal
`17.
`place of business in California.
`18.
`Elon Musk is the Corporate Executive Officer (“CEO”) of Tesla and a resident of Texas.
`19.
`Upon information and belief, Ms. Balan is an individual who resides in Mukilteo,
`Washington. Upon information and belief, respondent is a citizen of Romania. Ms. Balan was a
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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 4 of 51
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`former employee of Tesla from August 2, 2010 through January 18, 2013, and from June 18,
`2013 through April 16, 2014. She was employed by Tesla as Senior CAD Design Engineer
`responsible for certain automotive design projects.
`JURISDICTION AND VENUE
`This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §
`20.
`1332(a)(2) because there is complete diversity between the parties and the amount in controversy
`exceeds $75,000, exclusive of interest and costs.
`21.
`Venue is proper in this judicial district pursuant to 9 U.S.C. § 9 because the arbitration
`award was made in this district.
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`MORGAN, LEWIS &
`BOCKIUS LLP
`ATTORNEYS AT LAW
`SAN FRANCISCO
`
`FACTS
`Attached hereto as Exhibit “E” is a true and correct copy of the arbitration agreement
`22.
`between the parties.
`23.
`Attached hereto as Exhibit “D” is a true and correct copy of order and Arbitration Award
`dated November 3, 2021, but not served until November 23, 2021.
`24.
`The Award has not been vacated under 9.U.S.C. § 10, or modified or corrected under 9
`U.S.C. § 11.
`25.
`Pursuant to 9 U.S.C. § 9, Petitioner has brought this action within one year after the
`Award was made on November 3, 2021.
`CLAIM FOR RELIEF
`Petitioner repeats and realleges paragraphs 1 through 25 hereof, as if fully set forth within.
`26.
`Section 9 of the Federal Arbitration Act requires that a Court confirm an Arbitrator’s
`27.
`Award, upon application made within one (1) year, unless the Award is vacated, modified, or
`corrected under Section or 11 of the Federal Arbitration Act.
`28.
`Petitioner brings this application within (1) year of the Arbitration Award.
`29.
`The Arbitration Award is a final and binding resolution of the dispute between Petitioners
`and Ms. Balan which now requires confirmation by this Court to effectuate the relief contained
`therein.
`30.
`By reason of the foregoing, the court should issue an order confirming the Arbitration
`PETITION TO CONFIRM ARBITRATION
`AWARD
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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 5 of 51
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`Award annexed hereto as Exhibit “D” by JAMS Arbitration dated November 3, 2021 and direct
`that judgment be entered thereon.
`WHEREFORE, Petitioner respectfully requests that this Court issue an order pursuant to
`9 U.S.C. § 9:
`a. Confirming the Arbitration Award annexed hereto as Exhibit “D” by JAMS
`Arbitration dated November 3, 2021,
`b. Order Ms. Balan to comply with the terms of the Arbitration Award dated
`November 3, 2021; and
`c. Award the Petitioner such other and further relief as this Court deems just and
`proper.
`
`Dated: November 24, 2021
`
`Respectfully Submitted,
`MORGAN, LEWIS & BOCKIUS LLP
`
`By /s/ Michael D. Weil
`Michael D. Weil
`Attorneys for Petitioners
`TESLA MOTORS, INC. and ELON
`MUSK
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`SAN FRANCISCO
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`EXHIBIT A
`EXHIBIT A
`
`

`

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`Case 3:21-cv-09325 Document1 Filed 12/02/21 Page 7 of 51
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`<>
`
`COMMENCEMENT OF EMPLOYMENTARBITRATION
`
`NOTICE TO ALL PARTIES
`
`August 9, 2019
`
`RE:
`
`Balan, Cristina ys. Tesla Motors, Inc.
`JAMSRef. No. : 1100106402
`
`DearParties:
`
`This confirms the commencementofthis arbitration as of the date ofthisletter.
`
`This arbitration shall be conducted in accordance with JAMS EmploymentArbitration Rules. All arbitrationsat
`JAMS are conducted in accordance with the attached Fee Schedule and Arbitration Administrative Policies
`regarding paymentof fees, document retention, and limitations ofliability.
`
`Enclosed is a list of available Arbitrators. The parties are encouraged to mutually agree to an arbitrator. If the
`parties are unable to mutually agree to an arbitrator, then usingthe following list of arbitrator candidates each
`party maystrike two (2) and rank the remaining candidatesin order of preference. The deadline for return of your
`strike list is close of business on Friday, August 16, 2019 [Note: Strike lists should not be exchanged amongst
`the parties. ]:
`
`Hon. Robert A. Baines (Ret.)
`
`Hon. Cecily Bond (Ret.)
`
`Hon. Lynn Duryee (Ret.)
`
`Michael J. Loeb, Esq.
`
`Hon. Harry W. Low (Ret.)
`
`Hon. Richard J. McAdams(Ret.)
`
`Lawrence R. Mills, Esq.
`
`Resumesandrules are available on our website www.jamsadr.com or by contacting me.
`
`If a party fails to respondto the list of arbitrator candidates in a timely manner, that party shall be deemed
`agreeable to all the proposed candidates. JAMSwill then confirm the appointmentofthe arbitrator and begin
`scheduling.
`
`TWO EMBARCADERO CENTER SUITE 1500 SAN FRANCISCO, CA 94111
`
`TEL 415-982-5267
`
`fax 415-982-5287
`
`

`

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`Case 3:21-cv-09325 Document1 Filed 12/02/21 Page 8 of 51
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`The arbitrator shall bill in accordance with the attached Fee Schedule. JAMSwill administer the arbitration
`consistent with the enclosed JAMS Policy on Employment Arbitration, Minimum Standards of Procedural
`Fairness. According to this Policy, the only fee a consumer employee may be required to pay is $400 ofthe
`Filing Fee. All other costs, including the remainder ofthe Filing Fee, must be borne by the company. JAMSwill
`also administer the case consistent with JAMS Cancellation/Continuancepolicy. Pursuantto this policy, any
`party who cancels or continuesa hearing after the deadline to do so will be responsible for 100% ofthe
`professional fees unless we canfill the reserved but unused time with another matter.
`
`Under appropriate circumstances, the arbitrator may award JAMSfees and expenses against any party. In
`California;the-arbitrationprovisionshaltnotrequiretheconsumertopaythefeesandcostsincurredbythe—--— ——
`opposingparty if the consumerdoes not prevail, and we will not enforce such a provision in the parties’
`agreement.
`
`JAMSagreementto renderservicesis not only with the parties, but extendsto the attorney or other representative
`of the parties in arbitration.
`
`Out of State Attorneys in California Arbitrations, please note:
`
`The California legislature, effective January 1, 2007, has changed the process by which out-of-state attorneys
`mayparticipate in non-judicial arbitrations occurring in California. See www.calbar.ca.gov for requirements.
`
`If you have questions, please contact me directly at 415-774-2609. We look forward to working with you.
`
`Sincerely,
`
`John M.Peterson
`
`Assistant Manager
`
`jpeterson@jamsadr.com
`
`

`

`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 9 of 51
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`

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`JAMS POLICY ON
`EMPLOYMENT ARBITRATION
`MINIMUM STANDARDS OF
`PROCEDURAL FAIRNESS
`
`This documentpresents the principles and policies of JAMS
`on the useofarbitration for resolving employment-related
`disputes. These policies include the Minimum Standards
`of Procedural Fairness, which apply to arbitrations based
`on pre-dispute agreements that are required as a condition
`of employment. JAMS will administer mandatory arbitra-
`tions in employmentcases only if the arbitration provision
`complies with JAMS Minimum Standards.
`
`JAMS continues to urge employers and employeesto use,
`at the earliest point possible, mediation and other ADRpro-
`cesses that encourage consensual resolution of disputes in
`a fair, affordable and efficient manner. We also recommend
`that employers consult with counsel when considering,
`drafting or implementing pre-dispute arbitration clauses
`that relate to statutory employment claims.
`
`A. Preference for Mediation
`and Voluntary Arbitration
`JAMS encourages the use of mediation and of voluntary
`arbitration that is not a condition of initial or continued
`employment. JAMS doesnot take a position on the enforce-
`ability of condition-of-employment arbitration clauses,
`but it monitors developments in courts, legislatures and
`regulatory agencies concerning the enforceability of the
`clauses.
`If courts rule definitively that such clauses are
`unenforceable, orif laws or regulations proscribe their use,
`JAMS will comply with the rulings or laws in the applicable
`cases or jurisdictions. Absent such proscriptions, JAMS
`accepts arbitration assignments based on condition-of-
`employment clauses (provided the Minimum Standards
`are met) but does not encourage the use of such clauses.
`
`B. Minimum Standards
`of Procedural Fairness
`
`if an arbitration is based on a clause or agreement thatis
`required as a condition of employment, JAMS will accept
`the assignmentonly if the proceeding complies with the
`Minimum Standards of Procedural Fairness for Employ-
`ment Arbitration.
`
`2 JAMS EMPLOYMENT MINIMUM STANDARDS|JULY 75, 2009
`
`

`

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`Standard No. 1:
`All Remedies Available
`
`All remedies that would be available under the applicable
`law in a court proceeding,
`including attorneys fees and
`exemplary damages, as well as statutes of limitations,
`must remain available in the arbitration. Post-arbitration
`remedies, if any, must remain available to an employee.
`
`Comment: This standard does not make any change in
`the remedies available. Its purpose is to ensure that the
`remedies available in arbitrations and court proceedings
`are the same. JAMSdoes notobject if an employer chooses
`to limit its own post-arbitration remedies.
`
`Standard No.2: Arbitrator Neutrality
`The arbitrator(s) must be neutral, and an employee
`must have the right to participate in the selection of the
`arbitrator(s).
`
`Standard No. 3:
`Representation by Counsel
`The agreement or clause must provide that an employee
`has the right to be represented by counsel. Nothing in the
`clause or procedures may discourage the use of counsel.
`
`Standard No. 4: Access to
`Information/Discovery
`The procedures must provide for an exchange ofcorein-
`formation prior to the arbitration.
`
`Comment: Generally, this discovery should include at least
`(a) exchange of relevant documents, (b) identification of
`witnesses and (c) one deposition for each side, i.e., of the
`employee and of a supervisor or other decision-maker of
`the employer. Other discovery should be available at the
`arbitrator’s discretion.
`
`Standard No. 5:
`Presentation of Evidence
`
`At the arbitration hearing, both the employee and the
`employer must havethe right to (a) present proof, through
`testimony and documentary evidence, and (b) cross-
`examine witnesses.
`
`3
`
`AMS [MPLGYMENT MINIMUM STANDARDS |
`
`ILILY 15,
`
`2
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`Standard No. 6: Costs and
`Location Must Not Preclude
`Access to Arbitration
`
`An employee'saccessto arbitration must not be precluded
`by the employee's inability to pay any costs or by the loca-
`tion of the arbitration. The only fee that an employee may
`be required to pay is the initial JAMS Case Management
`Fee. All other costs must be borne by the company, includ-
`ing any additional JAMS Case Management Fees andail
`professional fees for the arbitrator's services. In California,
`the arbitration provision may not require an employee who
`does not prevail to pay the fees and costs incurred by the
`opposing party.
`
`Comment: JAMS does not preclude an employee from con-
`tributing to administrative and arbitrator fees and expenses.
`
`Standard No. 7: Mutuality
`JAMS will not administer arbitrations pursuant to clauses
`that lack mutuality. Both the employer and the employee
`must have the sameobligation (either to arbitrate or go to
`court) with respect to the same kinds of claims.
`
`Standard No. 8: Written Awards
`
`An arbitration award will consist of a written statement
`signed by the Arbitrator regarding the disposition of each
`claim and therelief, if any, awarded as to each claim. The
`Arbitrator will also provide a concise written statement of
`the reasons for the Award, stating the essential findings
`and conclusions on which the award is based.
`
`rT
`
`If JAMS becomesawarethatan arbitration clause or proce-
`dure does not comply with the Minimum Standards, it will
`notify the employer of the Minimum Standards and inform
`the employer that the arbitration demand will not be ac-
`cepted unless thereis full compliance with those standards.
`In assessing whether the standards are met and whether
`to accept the arbitration assignment, JAMS, as the ADR
`provider, will limit its inquiry to a facia! review of the clause
`or procedure.If a factual inquiry is required, for example,
`to determine compliance with Minimum Standards, it must
`be conducted by an arbitrator or court.
`
`4.
`
`JAMS EMPLOYMENT MINIMUM STANDARDS|
`
`JULY 15, 2009
`
`

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`C. Questions about Enforcement
`and Arbitrability
`If a party contests the enforceability of a pre-dispute arbitra-
`tion agreement that was required as a condition of employ-
`ment, and if compliance with the Minimum Standardsis in
`question, JAMS will,
`if given notice of the dispute, defer
`administering the arbitration for a reasonable period of time
`to allow the contesting party to seek a judicial ruling on the
`issue. JAMSwill comply with that judicial determination. If
`there is no judicial determination within a reasonable period
`of time, JAMS will resolve questions of arbitrability under
`the applicable JAMS Arbitration Rules and Proceduresfor
`Employment Disputes.
`
`D. Other
`
`Parties to an employmentarbitration may choose to fol-
`iow the Arbitration Rules and Procedures for Employment
`Disputes that were developed by JAMS. These Rules
`andProcedures exceed the Minimum Standardsby provid-
`ing further procedural protections,
`including additional
`discovery and an optional appeal process,to all parties in
`an employmentarbitration.
`
`JAMS is committed to ensuring that all staff who work on
`employment-related dispute resolution issues are aware
`of these principles and policies. Internal controls are used
`to ensure knowledge and compliance by the staff, and to
`ensure that the company’s marketing activities in the em-
`ployment area do not give rise to any actual or perceived
`conflict of interest on the part of JAMS or its neutrals.
`
`Note: These Minimum Standards do not apply if the
`agreementto arbitrate was individually negotiated by the
`employee and employer, orif the employee was represented
`or advised by counsel during the negotiations.
`
`KG
`
`JAMS EMPLOYMENT MINIMUM STANDARDS|
`
`JULY 35, 2005
`
`

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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 14 of 51
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`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 15 of 51
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`() ;
`
`@VJAMST@
`
`General Fee Schedule
`
`Hon. Robert A. Baines (Ret.)
`
`PROFESSIONAL FEES
`$600 per hour
`* Other professionaltime (including additional hearing time, pre- and post-hearing reading and research, conference calls, and drafting orders and
`awards) will be billed at $600 per hour. This may includetraveltime.
`« All travel expensesare billed at actual cost.
`
`ARBITRATION FEES
`Filing Fee
`$1,500 — Two Party Matter
`$2,000 — Matters involving three or more parties
`$1,500 — Counterclaims
`e—Entire Filing Fee must be paidin full to expedite the commencementof the proceedings
`« Arefund of $600 will be issued if the matter is withdrawnwithin five days offiling. Afterfive days,the Filing Fee is non-refundable.
`
`Case Management Fee
`®
`12% of Professional Fees
`«
`The Case ManagementFee includes accessto an exclusive nationwide panel ofjudges, attorneys, and other ADR experts,
`dedicated services including ail administration through the duration of the case, document handling, and use of JAMS conference
`facilities including after hours and on-site business support. Weekends and holidays are subject to additional charges.
`FEES FOR OTHER MATTERS
`(Discovery, Special Master, Reference, and Appraisal)
`Initial non-refundable fee of $600 per party
`Plus 12% of Professional Fees
`
`Neutral Analysis Matters
`Contact JAMS for administrative and pricing details.
`
`CANCELLATION/CONTINUANCE POLICY
`Fee
`Cancellation/Continuance Period
`1 day OF leSS oo...scccssssssenerseeresseesesssaesses 14 days or morepriorto hearing..........................100% REFUNDABLE, exceptfor time incurred
`2 GAYS OF MOTE .....ssecscsecesssesenensestesscersrsenseees 30 days or more prior to hearing........
`ssteseeeseeee 100% REFUNDABLE,exceptfor time incurred
`3 GAYS OF MOLE...ceesecsceceeseecersresessenseseecenes 45 days or more prior to hearing.............0.cccseeeee 100% REFUNDABLE,exceptfor time incurred
`Hearings of any length ............:cssecsssseesees Inside the cancellation/continuance period............ NON-REFUNDABLE
`
`
`
`Unused hearing time is non-refundable.
`@
`©—Hearing fees, including all applicable CMF, are non-refundableif time scheduled (or a portion thereof) is cancelled or continued after the
`cancellation date unless the Arbitrator’s time can be rescheduled with another matter. The cancellation policy exists because time reserved and
`later cancelled generally cannot be replaced.In all cases involving non-refundabletime, the cancelling or continuing party is responsible for the
`fees of all parties.
` Adeposit request for anticipated preparation and follow-up timewill be billed to the parties. Any unusedportion will be refunded.
`¢
`e—Allfees are due and payable in advanceof services rendered and by any applicable due date as stated in a hearing confirmation letter. JAMS
`reserves the right to cancel your hearingif fees are not paid by all parties by the applicable cancellation date and JAMS confirms the cancellation in
`writing.
`Receipt of paymentfor all fees is required prior to service of an arbitration order or award.
`e
`°—For arbitrations arising out of employer-promulgated plans, the only fee that an employee maybe required to pay is $400. The employer must bear
`the remainder of the employee's share ofthe Filing Fee and all Case Management Fees. Any questions or disagreements about whether a matter
`arises out of an employer-promulgated plan or an individually negotiated agreement or contractwill be determined by JAMS,whose determination
`shall befinal.
`*—Forarbitrations arising out of pre-dispute arbitration clauses between companies and individual consumers, JAMS Policy on ConsumerArbitrations
`Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when a consumer (as defined by those
`Minimum Standards)initiates arbitration against the company, the only fee required to be paid by the consumeris $250. The company must bear
`the remainderof the consumer's shareofthe Filing Fee and all Case ManagementFees.
`°—Parties that, through mutual agreement, have held their case in abeyancefor one yearwill be assessed aninitial abeyancefee of $500, and $500
`every six monthsthereafter. If a party refuses to pay the assessed fee,the other party or parties may opt to pay the entire fee on behalf ofall
`parties, otherwise the matterwill be closed.
`JAMS panelists may use a law clerk depending on the complexity of the case. The parties will be informed at the onset of the engagementif the
`neutral plans to employ a clerk. The clerk's hourly rate will be billed to the parties subject to the agreed fee split and in accordance with JAMS’
`policies.
`
`¢
`
`JAMS agreement to render services is with the attorney, the party, and/or other representatives of the party.
`
`Sacramento + San Francisco + Santa Rosa Silicon Valley » Walnut Creek
`www.jamsadr.com » Updated 05/01/2019
`
`

`

`
`
`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 16 of 51
`Case 3:21-cv-09325 Document1 Filed 12/02/21 Page 16 of 51
`
`of}o
`
`General Fee Schedule
`Hon. Cecily Bond (Ret.)
`
`PROFESSIONAL FEES
`Half Day Rate 0.0.0.0... ccceseccessessessessserssssssseeeneees $4,000
`Dally Rate ooo... ccc cccscccessessesscesccsessseeeesneestaeeees $6,000
`Includes up to 4 hours of hearing time on the scheduled day and upto 1
`Includes up to 8 hours of hearing time on the scheduled day and upto 2
`hour of reading and researchtime.
`hours of reading and research time.
`e Other professionaltime (including additional hearing time, pre- and post-hearing reading and research, conference calls, and drafting orders and
`awards)will be billed at $600 per hour. This mayincludetraveltime.
`e All travel expenses will be billed at actual cost.
`
`ARBITRATION FEES
`Filing Fee
`$1,500 — Two Party Matter
`$2,000 — Matters involving three or more parties
`$1,500 — Counterclaims
`e Entire Filing Fee mustbepaid in full to expedite the commencementofthe proceedings
`° Arefund of $600will be issued if the matter is withdrawn within five daysoffiling. After five days, the Filing Fee is non-refundable
`
`Case Management Fee
`e 12% of Professional Fees
`* The Case ManagementFee includes accessto an exclusive nationwide panelof judges, attorneys, and other ADR experts,
`dedicated services including all administration through the duration of the case, document handling, and use of JAMS conference
`facilities including after hours and on-site business support. Weekends andholidays are subject to additional charges.
`FEES FOR OTHER MATTERS
`(Discovery, Special Master, Reference, and Appraisal)
`Initial non-refundable fee of $600 per party
`Plus 12% of Professional Fees
`
`Neutral Analysis Matters
`Contact JAMSfor administrative and pricing details.
`
`CANCELLATION/CONTINUANCE POLICY
`Fee
`Numberof Days
`Cancellation/Continuance Period
`1 DAY OF TESS oocee eeecentseeeesteseeeeeseeeeeeetes 14 days or more prior to hearing................:0c0006 100% REFUNDABLE,except for time incurred
`
`2 days or more...
`..21 days or more prior to hearing........
`seeesess eee 100% REFUNDABLE,except for time incurred
`
`3 days or more...
`.. 45 days or more prior to hearing........
`ves 100% REFUNDABLE,exceptfor time incurred
`4 GAYS OF MOTE oeeseceeesseertseeessesesenreateee 60 days or more prior to hearing....................00 100% REFUNDABLE,exceptfor time incurred
`Hearings of any length...............ccsecssescenee Inside the cancellation/continuance period............ NON-REFUNDABLE
`»
`Unused hearing time is non-refundable.
`¢
`Hearing fees,including all applicable CMF, are non-refundableif time scheduled (or a portion thereof) is cancelled or continued after the
`cancellation date unless the Arbitrator's time can be rescheduled with another matter. The cancellation policy exists because time reserved and
`later cancelled generally cannot be replaced.In all cases involving non-refundabletime, the cancelling or continuing partyis responsible for the
`fees of all parties.
`A deposit request for anticipated preparation and follow-up timewill be billed to the parties. Any unusedportion will be refunded.
`All fees are due and payable in advanceof services rendered and by any applicable due date as stated in a hearing confirmation letter. JAMS
`reserves the right to cancel your hearing if fees are not paid byall parties by the applicable cancellation date and JAMSconfirmsthe cancellation in
`writing.
`Receipt of paymentfor all fees is required prior to service of an arbitration order or award.
`Forarbitrations arising out of employer-promuigatedplans,the only fee that an employee may be required to pay is $400. The employer must bear
`the remainderof the employee’s share of the Filing Fee and all Case ManagementFees. Any questions or disagreements about whether a matter
`arises out of an employer-promulgated plan oran individually negotiated agreementor contract will be determined by JAMS, whose determination
`shall be final.
`Forarbitrations arising out of pre-dispute arbitration clauses between companies and individual consumers, JAMS Policy on ConsumerArbitrations
`Pursuant to Pre-Dispute Clauses, Minimum Standards of Procedural Fairness applies. In those cases, when a consumer(as defined by those
`Minimum Standards)initiates arbitration against the company,the only fee required to be paid by the consumeris $250. The company mustbear
`the remainder of the consumer's share of the Filing Fee and all Case ManagementFees.
`Parties that, through mutual agreement, have held their case in abeyance for one year will be assessed aninitial abeyance fee of $500, and $500
`every six months thereafter. If a party refuses to pay the assessed fee, the other party or parties may opt to pay the entire fee on behalf ofall
`parties, otherwise the matterwill be closed.
`JAMS panelists may use a law clerk depending on the complexity of the case. The parties will be informed at the onsetof the engagementif the
`neutral plans to employ a clerk, The clerk’s hourly rate will be billed to the parties subject to the agreed fee split and in accordance with JAMS’
`policies.
`
`e
`e
`
`«
`*
`
`¢
`
`¢
`
`e
`
`JAMS agreementto render services is with the attorney, the party and/or other representatives of the party.
`
`Sacramento ° Santa Rosa « Walnut Creek
`www.jamsadr.com »* Updated 05/01/2019
`
`

`

`Case 3:21-cv-09325 Document 1 Filed 12/02/21 Page 17 of 51
`Case 3:21-cv-09325 Document1 Filed 12/02/21 Page 17 of 51
`
`ofuje
`
`General Fee Schedule
`Hon. Lynn Duryee (Ret)
`
`| PROFESSIONAL FEES
`Half Day Rate ooo... ccecccssesescceseesecssceensreessacans $5,000
`Daily Rate ooo. censesesesesssecssessenseeenenees $8,000
`Includes up to 4 hours of hearing time on the scheduled day.
`Includes up to 8 hours of hearing time on the scheduled day.
`e Other professionaltime (including additional hearing time, pre- and post-hearing reading and research, conference calls, and drafting orders and
`awards)will be billed at $800 per hour. This mayinclude traveltim