The opinion of the court was delivered by: Judge: Honorable Jeffrey White
JOINT MOTION TO EXTEND TIME TO COMPLETE MEDIATION AND MODIFY PRE-TRIAL DATES AT NOVEMBER 12, 2010 STATUS CONFERENCE [PROPOSED ORDER]
Pursuant to Local Rule 7-12 and ADR Local Rule 6-5, Plaintiffs Brent Hutchings and William R. Wilson ("plaintiffs") by and through their attorney of record and defendant Roger Snell by and through his attorney of record hereby stipulate and jointly request that the time to complete the mediation in this matter be extended and that the pre- trial dates set in the Court's August 24, 2010 pre-trial order be modified as the Court deems appropriate at the November 12, 2010 Further Case Management Conference.
The parties jointly make this request based on the following facts:
1) Plaintiff William R Wilson is 83-years old and resides in Malvern, Pennsylvania. Mr. Wilson has some significant ongoing health issues which, if the Court requests, plaintiffs' counsel will provide more information in a confidential manner.
2) The parties agreed to an October 20, 2010 mediation date before court appointed mediator John DiNapoli, Esq., to take place at his offices in San Jose, California.
3) The Court's August 24, 2010 pre-trial order required that the mediation take place by October 21, 2010, if possible.
4) Because of his age, health issues and place of residence, Mr. Wilson requested permission to participate in the mediation by telephone pursuant to ADR Local Rule 6- 10(f). Magistrate Judge LaPorte granted this request. (Docket Document No. 48).
5) On the evening of October 13, 2010, plaintiff's counsel learned that Mr. Wilson's health issues required him to have surgery on October 15, 2010 and thus he will not be able to participate in the mediation or otherwise actively participate in this case until after he recovers. Plaintiff's counsel will not know Mr. Wilson's likely recovery time until after 18 the surgery takes place.
6) As explained at the initial case management conference, both plaintiffs' counsel and defense counsel and their clients believe that this case should be mediated prior to extensive pre-trial discovery costs are incurred and they suggested the pre-trial schedule based on completing a mediation prior to such costs being incurred.
7) The parties' counsel will have more information to report on the status of rescheduling a mediation and proposed modification of pre-trial dates at the November 12, 2010 status conference.
Based on the foregoing, the parties respectfully request that the Court extend the deadline to complete the mediation until November 30, 2010, or as otherwise modified at the November 12, 2010 status conference.
Law Offices of Steven A. Ellenberg Heffernan Seubert & French Mark V. Boennighausen William Frimel Counsel for Plaintiffs ...