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 ...