Opinion
CASE NO. 1: 09-cv-02255-AWI-MJS
01-27-2012
Equal Employment Opportunity Commission, Plaintiff, v. Delfina Ochoa, Maribel Ochoa, Jose Ochoa, and Guadalupe Martinez, Plaintiffs-in-Intervention, Giumarra Vineyards Corporation, Defendants.
LEXANDER J. HARWIN, SB# 225254 Attorneys for Defendant, GIUMARRA VINEYARDS CORPORATION
LEWIS BRISBOIS BISGAARD & SMITH LLP
JEFFREY S. RANEN, SB# 224285
ALEXANDER J. HARWIN, SB# 225254
Attorneys for Defendant, GIUMARRA
VINEYARDS CORPORATION
STIPULATION AND ORDER RE
INSURANCE ADJUSTER NON-
ATTENDANCE AT MANDATORY
SETTLEMENT CONFERENCE
Judge: Hon. Michael J. Seng
Action Filed February 9, 2010
MSC Date: February 9, 2012
Trial Date: June 12, 2012
TO THE HONORABLE COURT, TO ALL PARTIES AND COUNSEL OF RECORD:
Plaintiffs-Intervenors Delfina Ochoa, Maribel Ochoa, Jose Ochoa and Guadalupe Martinez ("Interveners") and Defendant Giumarra Vineyards Corporation ("Giumarra") hereby stipulate that Giumarra's insurance adjuster may appear at the February 9, 2012 Mandatory Settlement Conference telephonically and not in person. The stipulation and request for an Order approving the stipulation is based upon the following facts:
1. On March 14, 2011, Giumarra and Plaintiff U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ("EEOC") mediated this matter for the first time before mediator Carla Barbeza, Esq. Giumarra's insurance adjuster appeared at the mediation telephonically and was available until 2:30 a.m. EST. Giumarra and Plaintiff EEOC successfully negotiated a resolution as memorialized in a Consent Decree;
2. The parties mediated again before Ms. Barzona on August 25, 2011. Giumarra was unable to negotiate a resolution with Plaintiff-Intervenors MARIBEL OCHOA, DELFINA OCHOA, JOSE OCHOA and GUADALUPE MARTINEZ ("Intervenors") at the mediation. The same insurance adjuster remained available by telephone until the mediation concluded;
3. On December 17, 2011, Giumarra's counsel contacted Interveners' counsel and requested that Giumarra's insurance adjuster be permitted to attend the January 30, 2012 Mandatory Settlement Conference telephonically in lieu of a personal appearance. Giumarra's counsel confirmed that he would appear at the settlement conference with full settlement authority;
4. On December 20, 2011, Intervenors' counsel responded and stated that they would not demand the presence of the insurance adjuster nor would they object to her absence at the Mandatory Settlement Conference;
5. Giumarra's insurance adjuster will be immediately available throughout the January 30, 2012 Mandatory Settlement Conference until excused regardless of time zone differences;
6. Giumarra's lead trial counsel will appear at the Mandatory Settlement Conference with a representative from Giumarra having full authority to negotiate and settle the case on any terms at the conference; and
7. The EEOC has represented that they will not be affected by the stipulation and that this is why they are not entering into this stipulation.
8. This Stipulation may be signed in counter-parts, each counter-part having the same force and effect as originals, and facsimile signatures shall be deemed to have the same force as originals.
IT IS SO STIPULATED.
Respectfully submitted,
LEWIS BRISBOIS BISGAARD & SMITH
LLP
_______________
Jeffrey S. Ranen
Alexander J. Harwin
Attorneys for Defendant, GUIMARRA
VINEYARDS CORPORATION
CALIFORNIA RURAL LEGAL
ASSISTANCE, INC.
_______________
Megan Beaman
Attorney for Plaintiff-Intervenors, MARIBEL
OCHOA, DELFINA OCHOA, and JOSE
OCHOA
MARCOS CAMACHO, A LAW CORP.
_______________
Mario Martinez
Attorney for Plaintiff-Intervenors MARIBEL
OCHOA, DELFINA OCHOA, JOSE
OCHOA and GUADALUPE MARTINEZ
ORDER
The Court has reviewed this stipulation and for good cause shown, grants the Stipulated Order.
IT IS SO ORDERED.
_______________
UNITED STATES MAGISTRATE JUDGE