The opinion of the court was delivered by: Hon. Ronald M. Whyte United States District Judge
STIPULATION AND  ORDER REMOVING MATTER FROM MEDIATION CALENDAR
WHEREAS, the parties on December 4, 2008 agreed to participate in Mediation as the ADR process under ADR L.R. 6 (see Doc. # 33: Stipulation and Order Selecting ADR Process, Dec. 4, 2008);
WHEREAS, the Court at the Case Management Conference of this matter ordered the parties to participate in a Settlement Conference before Magistrate Judge Howard Lloyd at the Magistrate's earliest available date (see Doc. #45: Case Management Order, Mar. 18, 2009, ¶3);
WHEREAS, Magistrate Judge Lloyd ordered the Settlement Conference to be held on May 7, 2009 (see Doc. # 47: Notice of Settlement Conference and Settlement Conference Order, Apr. 8, 2009);
WHEREAS, the parties appeared and participated in a Settlement Conference before Magistrate Judge Lloyd on May 7, 2009 but were unsuccessful in resolving the matter (see Doc. #49: Civil Minute Order, May 7, 2009);
WHEREAS the parties believe that further ADR in the form of Settlement Conference or Mediation would be fruitless and a waste of judicial resources;
IT IS HEREBY STIPULATED between the parties, by and through their attorneys, that the Stipulation selecting Mediation as ADR process be withdrawn and that the matter be removed from the Mediation Calendar.
It is ordered that the order referring the matter to the court's mediation program be vacated.
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