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Alma Clarisa Hernandez v. Mus-Vil

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA


January 10, 2012

ALMA CLARISA HERNANDEZ, PLAINTIFF,
v.
MUS-VIL, INC., ET AL., DEFENDANTS.

OINT REQUEST TO VACATE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

WHEREAS, a Case Management Conference in this matter is currently set for January 17, 2012;

WHEREAS, the Parties conducted site inspections within the time required by this Court's Scheduling Order and subsequent stipulation and order; 21

WHEREAS, Plaintiff filed a Notice of Need for Mediation on September 26, 2011;

WHEREAS, a mediator was appointed on October 26, 2011. The pre-mediation call has taken place and mediation is set for February 14, 2012; 24

WHEREAS, Plaintiff Alma Clarisa Hernandez ("Plaintiff") and remaining Defendants Mus-Vil, Inc. and Radio Shack Corporation ("Defendants" and, together with Plaintiff, the 26 "Parties") believe that both Court resources and attorney time and costs will be most 27 effectively utilized if the Parties are given an opportunity to settle this matter through 28 mediation prior to attending and preparing for the case management conference;

WHEREAS, General Order 56, Paragraph 7 provides that if the matter does not settle at mediation, Plaintiff is required to file a request for administrative relief requesting a case 3 management conference; 4

NOW, THEREFORE, the Parties respectfully request that the Court vacate the Case Management Conference in order to afford the Parties the opportunity to reach a settlement 6 through mediation, and to permit Plaintiff to file a request for administrative relief requesting a 7 case management conference if necessary should the matter not settle at mediation.

Dated: January 5, 2012 MOORE LAW FIRM, P.C. /s/ Tanya E. Moore Tanya E. Moore, Attorneys for Plaintiff Alma Clarisa Hernandez Dated: January 5, 2012 WEINTRAUB GENSHLEA CHEDIAK 12 13 /s/ Alden J. Parker Alden J. Parker, Attorneys for Radio Shack Corporation Dated: January 3, 2012 LAW OFFICES OF OWEN J. SINGER 16 /s/ Masumi Molina Masumi Molina, Attorneys for Mus-Vil, Inc.

ORDER

Upon request of the parties and good cause appearing,

IT IS HEREBY ORDERED that the case management conference currently set for ________ 1/17/12

is vacated. Plaintiff is ordered to file a request for administrative relief requesting a case management conference within seven (7) days after the mediator files a certification of mediation stating that the matter has not resolved, if in fact the matter does not resolve at 24 mediation. 25 26

IT IS SO ORDERED.

United States Magistrate Judge

20120110

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