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Morgan v. Peninsula Corridor Joint Powers Board

United States District Court, Ninth Circuit

August 13, 2013

MARK MORGAN, Plaintiff,
v.
PENINSULA CORRIDOR JOINT POWERS BOARD; THE CITY AND COUNTY OF SAN FRANCISCO; UNION PACIFIC RAILROAD COMPANY; and DOES 1-100, Defendants.

HANSON BRIDGETT LLP, KIMON MANOLIUS, SBN154971, ALEXANDRA V. ATENCIO, SBN 227251, San Francisco, California, Attorneys for Defendants, PENINSULA CORRIDOR JOINT POWERS, BOARD, UNION PACIFIC RAILROAD, COMPANY, and NATIONAL RAILROAD, PASSENGER CORPORATION,

THE ZINN LAW FIRM, CARTER M. ZINN, T. ANDREW DAVIES, Attorneys for Plaintiff Mark Morgan.

SAN FRANCISCO OFFICE OF THE CITY ATTORNEY, DENNIS J. HERRERA, CHERYL ADAMS, DAVID A. DELBON, Attorneys for Defendant The City and County of San Francisco.

STIPULATION TO VACATE AND CONTINUE SETTLEMENT CONFERENCE ORDER

LAUREL BEELER, Magistrate Judge.

STIPULATION

WHEREAS, the settlement conference before United States Magistrate Judge Laurel Beeler is currently scheduled for August 28, 2013 at 9:30 a.m.;

WHEREAS, Plaintiff alleges that he underwent an accident-related back surgery in May 2013 and subsequently suffered a meniscus tear while doing physical therapy for his back;

WHEREAS, Plaintiff alleges that both the back and knee injury were caused by the accident at issue in the Complaint;

WHEREAS, the parties have not conducted any discovery related to those claimed injuries during the course of this litigation;

WHEREAS, the parties agreed to, and have, undertaken immediate action to obtain all related medical records via subpoena and/or medical records requests, but cannot be certain at this time when they will receive responsive documents;

WHEREAS, on July 19, 2013, Plaintiff's counsel informed Defendants' counsel that Plaintiff intends to undergo knee surgery on August 13, 2013 and will be on doctor-ordered physical restrictions for 8-10 weeks thereafter, and will also continue to undergo physical therapy for his back;

WHEREAS, Plaintiff's 8-10 week rehabilitation period following his August 13, 2013 surgery will likely affect Plaintiff's ability to fully participate in an Independent Medical Examination anytime before October 8, 2013 at the earliest;

WHEREAS, the parties have met and conferred, and all counsel desire to vacate and continue the August 28, 2013 settlement conference to allow adequate time for discovery related to Plaintiff's newly-claimed injuries, and to conduct a meaningful Independent Medical Examination of Plaintiff;

WHEREAS, the court issued a minute order requiring the settlement conference to be conducted by September 13, 2013, therefore, the parties agree to jointly seek a continuance of the settlement conference deadline and any other case management deadlines that may be affected by vacating the settlement conference from Judge Corley;

NOW, THEREFORE, the parties to this action, through their undersigned counsel stipulate and ask the Court to enter its order as follows:

1. The settlement conference scheduled for August 28, 2013 is vacated.

2. The court will reset the settlement conference for a later date if and when the parties obtain a continuance of the September 13, 2013 deadline to conduct the settlement conference from Judge Corley.

SIGNATURES UNDER GENERAL ORDER NO. 45

Pursuant to General Order No. 45 of the United States District Court, Northern District of California, I, Alexandra V. Atencio- the ECF User whose User ID and Password are used in the filing of this document - hereby attest that the concurrence of the filing of this document has been obtained from each of the other signatories to this document.


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