The opinion of the court was delivered by: Hon. Elizabeth D. Laporte United States District Court Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE DEADLINE TO MEDIATE AND STAY CIVIL PROCEEDINGS AND VACATE TRIAL DATE PENDING COMPLETION OF COURT ORDERED MEDIATION.
Pursuant to the Court's Order the parties met with Mediator Frederick Hertz at the United States Court House in Oakland on Friday December 3. Specially appearing for purposes of 28 representation during the mediation for plaintiff was attorney Timothy O. Connor along with Mr. Doherty pro se. Appearing for the defendants was Gregory Fox and Laura Zagaroli as well as the City of Alameda Building Official Gregory McFann. The session was productive thanks to the assistance of Mediator Hertz and the parties agreed on a fact finding process that will 4 facilitate the mediation process but will take approximately six weeks given the holiday season.
The parties have agreed, and Mediator Hertz concurs, that to facilitate settlement negotiations, the fact finding process and the next mediation session in February 2011 that a Stipulation for an
The parties and Mr. Hertz have agreed to a second formal mediation session in February 2011.
Order extending the time to complete Mediation and staying all discovery, motions and vacating the current trial date pending completion of mediation is appropriate. Such an extension and stay will allow the parties to concentrate their efforts on conflict resolution and save money during a time of fiscal crisis for all concerned.
1. The time to mediate the case is extended to February 28, 2011. If additional time is Therefore, based on this good cause the parties respectfully request and Stipulate that the Court order the following:
necessary to complete mediation the parties will so advise the Court by a further stipulation to be filed on or before February 28, 2011.
2. All discovery, including expert discovery, and the time for filing motions for summary
4. The parties to appear for a case management conference on Tuesday March 1, 2011 for a judgment are stayed pending the completion of the mediation process and will be re-set if the mediation process is unsuccessful.
3. The trial date of May 23 is vacated. new trial date if the mediation is unsuccessful. A joint statement to be filed by February 22, 2011.
5. Mediator Hertz will provide a letter to the Court supporting good cause for this stipulation if the Court believes such a letter is necessary.