Opinion
Case No. CIV F 04 5389 OWW DLB.
February 28, 2006
Claudia J. Robinson, Stacy T. Melville, Lewis Brisbois Bisgaard Smith LLP, Sacramento, California, Attorneys for Defendants CHARLES ANDERSON, MARVIN REYES, and JAMES STAHL.
Thornton Davidson, Thornton Davidson Associates, Attorneys for Plaintiff ROBERT BOWMAN.
STIPULATION AND ORDER RE MODIFICATION OF PRETRIAL SCHEDULING ORDER
IT IS HEREBY STIPULATED between plaintiff ROBERT BOWMAN and defendants CHARLES ANDERSON, MARVIN REYES, and JAMES STAHL, as follows:
1. Because plaintiff's counsel is scheduled to be on vacation in Maine on April 17, 2006, and because defendant's counsel has scheduled a pre-paid vacation to Japan from April 15 through April 24, 2006, both counsel desire to postpone the date of the final pretrial conference until after April 25. The parties therefore jointly request that the court reset the pretrial conference after that date.
Defendants' current counsel, Sue Ann Cercone, does not have calendar conflicts for April 17. However, due to the exhaustion of the defendants' self-insured retention, defendant's insurance carrier has stepped in to choose new counsel. While new counsel is now associated with the Marderosian firm, it is anticipated that once the changeover has been completed, the Marderosian firm will substitute out leaving the Lewis Brisbois firm as sole defense counsel. This will be accomplished prior to April 17.
2. Both counsel desire to substitute a day of private mediation through mediator Mark Rudy of San Francisco for the settlement conference now scheduled to take place on April 5, 2006. The parties therefore request that either (1) the mandatory settlement conference scheduled for that date be canceled, or (2) it be continued to a date agreeable to the parties after April 5.
In light of the stipulation of the parties, and for good cause, the court orders as follows:
(1) The final pretrial conference is rescheduled from April 17, 2006 to ____ May 8, 2006 at 11:00 a.m. The trial date of May 31, 2006 shall remain as set.
(2) The settlement conference previously scheduled for April 5, 2006 is [x] canceled; rescheduled from April 5, 2006 to ___________________________.
IT IS SO ORDERED.