UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION
October 21, 2011
SEARS LOGISTICS SERVICES, INC.; SEARS, ROEBUCK & CO.; SEARS HOLDINGS CORP., DEFENDANTS.
The opinion of the court was delivered by: M. Snyder United States Magistrate Judge
STIPULATION BY PARTIES TO MEDIATE IN LIEU OF NOVEMBER 16, 2011 SETTLEMENT CONFERENCE ; ORDER
NOW COME THE PARTIES, BY AND THROUGH THEIR COUNSEL, AND HEREBY STIPULATE AS FOLLOWS:
WHEREAS, the reassignment of this matter has put a tremendous strain on the Court, making it impossible for the Court to give sufficient attention to this matter in the near term, including issuing a ruling on Defendants' pending motion for summary judgment;
WHEREAS, the parties were previously scheduled to participate in a judicial settlement conference on November 16, 2011 with Magistrate Judge Snyder;
WHEREAS, the parties agree that a private mediation would be a better means to possibly resolving this matter at this time;
WHEREAS, the parties agree to participate in a private mediation and have tentatively scheduled a date for the mediation of January 30, 2012, before Mediator Jeff Ross of Oakland, California;
IT IS HEREBY STIPULATED that in lieu of the previously scheduled judicial settlement conference, the parties will instead conduct a private mediation on January 30, 2012, or as soon thereafter as can be scheduled should the parties or mediator for some reason be unable to proceed on that date.
/s/Jody I. LeWitter
JODY I. LEWITTER
BENJAMIN J. SIEGEL SIEGEL & LEWITTER Attorneys for Plaintiff RANDOLPH EVANS Dated: October 18, 2011 Dated: October 18, 2011 /s/ Nathalie A. Le Ngoc DENNIS M. BROWN ERICA H. KELLEY NATHALIE A. LE NGOC LITTLER MENDELSON A Professional Corporation Attorneys for Defendants SEARS LOGISTICS SERVICES, INC., SEARS, ROEBUCK & CO., AND SEARS HOLDINGS CORPORATION
This matter having come before the Court upon the stipulation of the parties, and good cause so appearing, it is hereby Ordered that the judicial settlement conference date of November 16, 2011 is vacated. The parties instead are to conduct a private mediation by January 30, 2012, or as soon thereafter as the matter can be mediated.
IT IS SO ORDERED.
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