Opinion
No. C-11-1276 (TEH)
11-29-2011
OLLIE EUGENE DUNLAP III, Plaintiff, v. UNITED STATES OF AMERICA; and DOES 1 through 100, Inclusive, Defendants.
MELINDA L. HAAG (SBN: 132612) United States Attorney JOANN M. SWANSON (SBN 88143) Chief, Civil Division JUAN D. WALKER (SBN 208008) Assistant United States Attorney Attorneys for Defendant ROBERT E. BREECKER (SBN: 46564) Attorney for Plaintiff Ollie Eugene Dunlap III
MELINDA L. HAAG (SBN: 132612)
United States Attorney
JOANN M. SWANSON (SBN 88143)
Chief, Civil Division
JUAN D. WALKER (SBN 208008)
Assistant United States Attorney
Attorneys for Defendant
ROBERT E. BREECKER (SBN: 46564)
Attorney for Plaintiff
Ollie Eugene Dunlap III
STIPULATION AND [PROPOSED]
ORDER CONTINUING ADR
COMPLETION DATE
Defendant UNITED STATES OF AMERICA ("Defendant") and Plaintiff OLLIE EUGENE DUNLAP III ("Plaintiff"), by and through their respective counsel of record, do hereby stipulate as follows:
1. The Court set the Alterative Dispute Resolution ("ADR") completion date in this matter for December 1, 2011.
2. The parties have not requested any previous extension of the ADR completion date.
3. The parties set the mediation for this matter for November 29, 2011. However, at this time, the parties do not believe that they have engaged in sufficient discovery for mediation to be productive.
4. The parties have exchanged and responded to the first round of written discovery. Additionally, the parties have scheduled the depositions of the Plaintiff and the surgeon involved in this medical malpractice case for December of 2011. After this discovery is completed, the parties will be in better position to have a productive mediation.
5. John Barg of Barg, Coffin, Lewis & Trapp, LLP has been assigned as the mediator in this matter. Mr. Barg and the parties have provisionally agreed upon a new mediation date of January 30, 2012, pending receipt of permission from the Court.
6. Accordingly, Plaintiff and Defendant request an Order from the Court continuing the deadline for completion of ADR from December 1, 2011 to February 15, 2012.
Respectfully submitted,
MELINDA L. HAAG
United States Attorney
In accord with the Northern District of California's General Order No. 45, Section X(B), 1 I attest that concurrence in the filing of this document has been obtained from the other signatory listed on this document.
Assistant U.S. Attorney
Attorneys for Federal Defendant
ROBERT E. BREECKER
Attorney for Plaintiff
[PROPOSED] ORDER
IT IS SO ORDERED.
THELTON E. HENDERSON
UNITED STATES DISTRICT JUDGE