UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
June 19, 2008
PACIFIC INFORMATION RESOURCES, INC., PLAINTIFF,
DIANA MUSSELMAN, INDIVIDUALLY, ET. AL., DEFENDANTS.
The opinion of the court was delivered by: Honorable Maxine M. Chesney
JOINT STIPULATION FOR MEDIATION AND TO TAKE DATES OFF CALENDAR PENDING MEDIATION; [PROPOSED] ORDER
To all Parties and their Attorneys of record and this Honorable Court:
Plaintiff Pacific Information Resources ("PIR"), Defendants Airon Corporation, Lavon Gasparian, Alexei Borisov (the "Airon Defendants"), as well as Defendants Paretologic, Inc., Adrian Pereira, Elton Pereira, and Jason-Leo Carvalho, Peter and Renee Dunbar (the "Paretologic/Dunbar Defendants"), by and through their Counsel hereby stipulate as follows:
1. The parties have conducted a prior mediation of this matter, but were not able to resolve it;
2. During the February 8, 2008 status conference, the Court suggested that the parties schedule another mediation;
3. During that status conference, the parties also informed the Court that there was a dispute with respect to certain rebuttal and/or supplemental expert reports served by PIR. The Court took the trial date in this matter off-calendar, and instructed the parties to bring the dispute before the honorable Bernard
4. At the time of the status conference, there were cross-motions for summary judgment/adjudication on calendar. The parties filed a stipulation to have that date taken off-calendar pending the resolution of the discovery dispute before
5. Since then, the parties have engaged in motion practice before Judge
The net effect of Judge Zimmerman's rulings were that (1) the reports would be allowed to stand; (2) the Paretologic/Dunbar Defendants were given leave to designate a rebuttal expert by June 30, 2008; and (3) PIR was order to pay attorneys fees to the Airon Defendants and the Paretologic/Dunbar Defendants, in amounts that have not yet been determined.
6. The parties believe that these Orders provide them with a renewed opportunity to resolve this case, and as such have agreed to a further mediation session. Specifically, the parties have agreed to participate in a day of mediation before the honorable Dickran Tevrezian, formerly a judge in the Central District of California, and now a member of the JAAMS mediation firm. This mediation has now been confirmed for July 9, 2008.
7. However, the parties, in aid of settlement, would like to avoid expending further resources until this further mediation before Judge Tevrezian has taken place. The parties note that sums expended on litigation and additional expert reports will not be available to resolve this case, and that continuing to litigate this case while attempting to resolve it will make settlement more difficult, and might make it impossible.
Zimmerman, United States Magistrate Judge.
Zimmerman over PIR's expert reports, and Judge Zimmerman has issued rulings.
8. As such, the parties respectfully that the Court afford a brief respite from the demands of further litigation, during this period of mediation.
9. To that end, the parties respectfully request that the Court Order the following:
a. That the parties mediate this matter before the Honorable Dickran Tevrezian, with the mediation to be completed within 30 days;
b. That the Court not reset the trial date and the summary judgment hearing date until after this mediation;
c. That the Court take the date for the Paretologic/Dunbar Defendants to disclose their rebuttal expert off calendar, to be reset after the mediation;
d. That the Court continue the period in which any party may file an objection to Judge Zimmerman's rulings, until 14 days after the mediation; and
e. After the mediation, if it is not successful in completely resolving this matter, the parties will file a stipulation seeking a status conference with proposed dates for the trial and summary judgment hearing date (and associated dates).
IT IS SO STIPULATED
DATED: June 9, 2008
NOVO LAW GROUP, P.C. Russell Petti, Esq. Law Offices of Russell Petti Attorneys for Renee Dunbar, Peter Dunbar, Adrian Pereira, Elton Pereira, Jason-Leo Carvalho and Paretologic, Inc.
LAW OFFICES OF RUSSELL PETTI Konrad L. Trope, Esq. Novo Law Group, P.C. Attorneys for Plaintiff PACIFIC INFORMATION RESOURCES, INC.
Dated: June 9, 2008
BADGLEY~MULLINS LAW GROUP By: Duncan C. Turner, Esq. Allyssa White, Esq. Badgley~Mullins Law Group Attorneys for Defendants Alexei Borisov, Levon Gasparian and Airon Corp
Having reviewed the Stipulation of the Parties, and for Good Cause Shown, the Court Orders as Follows:
1. That the parties mediate this matter before the Honorable Dickran Tevrezian, with the mediation to be completed within 30 days;
2. That the trial date and the summary judgment hearing date will remain off calendar until after this mediation; however, the dates in the Court's June 4, 2008 order, which pertains to plaintiff's motion regarding claims against Diana Musselman, remain in effect;
3. That the date for the Paretologic/Dunbar Defendants to disclose their rebuttal expert is taken off calendar, to be reset after the mediation;
4. That the period in which any party may file an objection to Judge Zimmerman's rulings is continued until 14 days after the mediation; and
5. After the mediation, if it is not successful in completely resolving this matter, the parties shall telephonically appear on September 5, 2008 at 10:30 a.m. for a status conference, dates for the trial and summary judgment hearing date (and associated dates). The and shall file, no later than August 29, 2008, a joint status report, including therein proposed conference is vacated.
IT IS SO ORDERED
June 20, 2008
Honorable MAXINE M. CHESNEY United States District Judge
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