ORRY P. KORB, County Counsel (S.B. #114399), JOHN L. WINCHESTER, III, Deputy County Counsel (S.B. #142175), OFFICE OF THE COUNTY COUNSEL San Jose, California, Attorneys for Defendants COUNTY OF SANTA CLARA and Its Santa Clara Valley Medical Center, PAUL ESTESS AND ANNA HUGHES.
CHARLES A. BONNER, ESQ., LAW OFFICES OF BONNER & BONNER, Attorney for Plaintiff HUIMIN SONG.
STIPULATION AND ORDER ENLARGING TIME FOR DEFENDANTS TO RESPOND TO PLAINTIFF'S FIRST AMENDED COMPLAINT AND CONTINUANCE OF CASE MANAGEMENT CONFERENCE
RONALD M. WHYTE, District Judge.
The parties, through their respective counsel of record, hereby stipulate and agree to an order enlarging time, until February 14, 2014, for Defendants County of Santa Clara and its Santa Clara Valley Medical Center, Paul Estess and Anna Hughes to file and serve a response to the First Amended Complaint of Plaintiff Huimin Song. The First Amended Complaint was served on March 13, 2013.
The parties recognize that there have been several extensions in this matter. However, good cause continues to exist for this enlargement of time. Song and the County of Santa Clara are involved in litigation in the matter of Huimin Song and Andy Xie v. County of Santa Clara, Santa Clara Valley Medical Center, et. al., Case No. CV11-04450, pending before United States District Judge Edward J. Davila. The parties have been engaged in private mediation since January 16, 2013 with mediator Kael Briski of the Briski Mediation Group. Since the initial mediation on January 16, the parties and Mr. Briski have had countless email communications, five face to face discussions and no less than fifty phone conferences. Many settlement demands, offers and terms of resolution have been exchanged, most recently in discussion between counsel on December 24, 2013. The settlement discussions have involved resolution of all issues in the Song and Xie v. County matter, the allegations giving rise to the present lawsuit, multiple EEOC complaints, union grievances and recent personnel actions involving Song, Xie and the County.
On November 25, 2013, Judge Davilla issued an Order Granting in Part and Denying In Part Defendants' Motion for Summary Judgment in Huimin Song and Andy Xie v. County of Santa Clara, Santa Clara Valley Medical Center. Judge Davila, on December 3, 2013, issued an Order permitting the parties to file a further dispositive motion on the remaining cause of action in that matter. Briefing was completed on December 16, 2013. The parties believe the outcome of the dispositive motion on the remaining cause of action will impact the settlement discussions currently pending with the mediator, Mr. Briski, and request a final extension in the present matter.
In view of the time and effort that will be necessary to prepare an appropriate responsive pleading and the anticipated settlement of all litigation, the parties respectfully request a final order enlarging Defendants time to respond to the First Amended Complaint to February 14, 2014. Furthermore, the parties request that the Case Management Conference be continued to Friday, February 28, 2014, 10:30 a.m.
I hereby attest that I have on file the holograph signature indicated by a "conformed" signature (/S/) within this e-filed document.
IT IS SO STIPULATED
Defendants may have to and including February 14, 2014 by which to file and serve a response to Plaintiff's First Amended Complaint. The Case Management Conference is continued to February 28, 2014, 10:30 a.m. The Joint Case ...