UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
September 8, 2009
VISA U.S.A. INC., PLAINTIFF,
AUDIENCE IDENTIFICATION INC., DEFENDANT & THIRD-PARTY PLAINTIFF.
U.S. BANK NATIONAL ASSOCIATION, THIRD-PARTY DEFENDANT.
The opinion of the court was delivered by: The Honorable Susan Illston
STIPULATED REQUEST TO EXTEND TIME FOR MEDIATION AND [PROPOSED] ORDER
Trial Date: June 28, 2010
Plaintiff VISA U.S.A. INC. ("Visa") and Defendant AUDIENCE IDENTIFICATION INC. ("AII") respectfully submit the following stipulated request:
WHEREAS, on June 25, 2009, this Court referred the parties to mediation to be conducted by September 16, 2009;
WHEREAS, on August 7, 2009, the Court-appointed mediator, Mr. C. Delos Putz, conducted a teleconference with the parties to discuss mediation dates where the parties and Mr. Putz were unable to agree on a mutually available date for mediation on or before September 16, 2009;
WHEREAS, the mediator informed the parties he would select September 16, 2009 as the proposed mediation date with the understanding that the parties would try to select a mutually available date and petition this Court for an extension in time;
WHEREAS, lead counsel for Visa has a multi-day arbitration during the week of August 31, 2009 and a long-planned vacation during the week of September 14, 2009;
WHEREAS, lead counsel for Aii has a long-planned medical procedure scheduled for September 16, 2009 and has a 4-week arbitration set to begin on September 21, 2009;
WHEREAS, the parties have agreed with Mr. Putz to hold a mediation session on October 23, 2009, starting at 9:00 am;
WHEREAS, the parties and any insurer representatives are required to attend the mediation in person pursuant ADR L-R 6-9 and will not further delay the mediation date absent an unforeseen and exceptional circumstance and a showing of good cause;
WHEREAS, the parties have agreed, that if Aii counsel's 4-week arbitration is resolved prior to the end of the arbitration proceeding, Visa and Aii will meet and confer to schedule an 16 earlier mediation session with Mr. Putz;
WHEREAS, an extension in time to conduct the mediation by the end of October 2009 does not affect the case schedule;
THEREFORE, the parties respectfully request that the Court grant an extension until October 30, 2009, for the parties to conduct a mediation pursuant to ADR L-R 6.
DATED: September 3, 2009
1. The stipulating parties shall appear October 23, 2009 to conduct a mediation pursuant to ADR L-R 6.
2. The stipulating parties, their counsel and the insurer representatives are required to attend the mediation in person pursuant ADR L-R 6-9.
3. The mediation date will not be further delayed absent an unforeseen and exceptional circumstance and a showing of good cause.
The Honorable Susan Illston
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