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Anthony Lerma v. A Bite of Wyoming

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


August 10, 2011

ANTHONY LERMA, PLAINTIFF,
v.
A BITE OF WYOMING, INC., ET AL., DEFENDANTS.

K. Randolph Moore, SBN 106933 Tanya E. Moore, SBN 206683 MOORE LAW FIRM, P.C. 332 North Second Street San Jose, California 95112 Telephone: (408) 298-2000 Facsimile: (408) 298-6046 Attorneys for Plaintiff Anthony Lerma

SECOND STIPULATION TO RESET DATE OF CASE MANAGEMENT CONFERENCE AND TO EXTEND TIME FOR MEDIATION; DECLARATION OF ERIK P. KHOOBYARIAN; ORDER

WHEREAS, the Parties have previously continued the case management conference from July 5, 2011 to August 23, 2011 in order to accommodate Plaintiff's counsel's vacation 20 schedule;

WHEREAS, Plaintiff has not filed a Notice of Need for Mediation because the Parties are engaged in advanced settlement discussions and are optimistic that a settlement can be 23 reached outside the court and the alternative dispute resolution process which would conserve 24 both court resources and attorney fees and costs;

WHEREAS, the Parties have conducted a joint site inspection and Plaintiff has provided to Defendants the list of barriers he seeks to have removed. Without admitting that they are 27 required to remove any barriers or that any actual barriers exist, or that Plaintiff is entitled to 28 any relief whatsoever, Defendants are evaluating the proposal, but are in the process of obtaining involved and complex bids from contractors to effect such remedial measures in order 2 to evaluate their feasibility. Defendants anticipate that they will have all the information 3 needed to properly evaluate Plaintiff's proposal within thirty (30) days and the Parties 4 anticipate that it will take an additional thirty (30) days to complete settlement negotiations and 5 either settle this matter or make a determination that it must proceed to mediation and/or a case 6 management conference.

WHEREAS, for the reasons set forth above, the Parties seek to continue the date that a notice of need for mediation must be filed to October 14, 2011, and that the date for the case 9 management conference be continued to a date after November 8, 2011.

IT IS HEREBY STIPULATED by and between Plaintiff Anthony Lerma and Defendants A Bite of Wyoming, Inc.; S. Max Spurgeon and Esperanza J. Spurgeon, Trustees of 12 the Spurgeon Living Trust, by and through their respective counsel, that the last date for Plaintiff to file a Notice of Need for Mediation be October 14, 2011 and that the case 14 management conference be continued to a date after November 8, 2011.

ORDER

The Parties having so stipulated and good cause appearing, IT IS HEREBY ORDERED that the Case Management Conference be reset for November 1, 2011 at 2 p.m. in Courtroom 5, 4th Floor, San Jose, before Magistrate Judge Paul S. Grewal.

IT IS FURTHER ORDERED that plaintiff is to file a notice of need for mediation on or before October 14, 2011 should the matter not be dismissed in its entirety prior to that date.

IT IS SO ORDERED.

United States Magistrate Judge

20110810

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