UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
September 8, 2009
DANIEL KLINE, PLAINTIFF,
UNITED PARCEL SERVICE, INC., AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.
The opinion of the court was delivered by: Susan Illston United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE MEDIATION DEADLINE
STIPULATION 1. On May 6, 2009, following the initial case management conference, the Court ordered the parties to complete mediation with 150 days, or October 5, 2009.
2. The parties have participated in several telephone conferences with the Court's ADR staff and the court-appointed mediator. During these conversations, it has been difficult to schedule the mediation given the parties' conflicting trial schedules and the pendency of 53 other individual wage-and-hour lawsuits against United Parcel Service, Inc. alleging the same causes of action Plaintiff alleges in this action. The parties believe that until further cases proceed to trial, they will be unable to mediate a compromised valuation of Plaintiff's claim.
3. In addition, scheduling is made more difficult by the pendency of Lopez v. United Parcel Service, Inc., No. C-08-5396 SI, and Rhinehart v. United Parcel Service, Inc., No. C-09-0741 SI, which are both before this Court, involve the same parties and legal claims, and have the same deadline to complete mediation.
4. Based on their trial schedules, the progress of discovery, and the desire to mediate this case in conjunction with its related cases, the parties agree to continue the deadline to complete mediation to December 31, 2009, and ask the Court adopt the parties' stipulation.
Dated: September 3, 2009
Good causing appearing, the Court adopts the parties' stipulation as the order of the Court. The deadline to complete mediation is extended from October 5, 2009, to December 31, 2009.
IT IS SO ORDERED.
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