Opinion
No. C 11-2552 MEJ
11-21-2011
DOUGLAS W. JAMES, JR., Plaintiff, v. UNITED STATES OF AMERICA (United States Department of the Interior-San Francisco Maritime National Historical Park), Defendant.
Respectfully submitted, REY HASSAN Attorney for Plaintiff Respectfully submitted, MELINDA HAAG United States Attorney ANN MARIE REDING Assistant United States Attorney Attorneys for Defendant
MELINDA HAAG (CSBN 132612)
United States Attorney
JOANN M. SWANSON (CSBN 88143)
Chief, Civil Division
ANN MARIE REDING (CSBN 226864)
Assistant United States Attorney
450 Golden Gate Avenue, Box 36055
San Francisco, California 94102-3495
Telephone: (415) 436-6813
FAX: (415) 436-4378
annie.reding@usdoj.gov
Attorneys for Defendant
STIPULATION AND [PROPOSED]
ORDER CONTINUING THE ADR
DEADLINE
Pursuant to Local Civil Rules 6-1 and 6-2, defendant United States of America ("Defendant") and plaintiff Douglas W. James, Jr. ("Plaintiff"), by and through their respective counsel, hereby jointly and respectfully request that the Court continue the Alternative Dispute Resolution (ADR) deadline in this matter to February 29, 2012. In accordance with Local Civil Rule 6-2(a), this stipulation is supported by the Declaration of Ann Marie Reding and a proposed order, which are filed herewith. The parties stipulate as follows:
1. On May 26, 2011, Plaintiff filed his Complaint in this case. See Docket No. 1.
2. On August 25, 2011, the Court referred this case to mediation. See Docket No. 9.
3. On September 1, 2011, the Court appointed Joel Franciosa to mediate this case. See Docket No. 10.
4. Based on ADR Local Rule 3-6, the deadline for the parties to mediate this case is ninety days from the Court's Order referring this case to mediation, or November 22, 2011. See Declaration of Ann Marie Reding ("Reding Decl."), ¶ 5.
5. On September 29, 2011, the parties participated in a conference call with Mr. Franciosa and agreed to a mediation date of December 19, 2011. See Reding Decl., ¶ 6.
6. On or about October 11, 2011, the parties agreed to depose Plaintiff on November 23, 2011. See id. at ¶ 7.
7. On or about November 8, 2011, counsel for Defendant informed Plaintiff's counsel that she would like to obtain Plaintiff's medical records prior to his deposition and believed it made sense to delay the deposition until after such time that the documents could be received. Counsel for Plaintiff was agreeable to continuing the deposition to a later date. See id. at ¶ 8.
8. Due to the parties' unavailability during the holidays, and in order to allow time for Defendant to limited discovery responses, as well as Plaintiff's medical records, the parties have stipulated to a deposition date in January 2012 and will agree to mediation date before March 31, 2012. See id. at ¶ 9.
9. No prior extensions of time have been requested or granted. See id. at ¶ 10.
10. The requested time modification will not impact any other deadline imposed by Court. See id. at ¶ 11.
11. In light of the foregoing, the parties request that the Court continue the last day to mediate this case until March 31, 2012.
Respectfully submitted,
REY HASSAN
Attorney for Plaintiff
Respectfully submitted,
MELINDA HAAG
United States Attorney
ANN MARIE REDING
Assistant United States Attorney
Attorneys for Defendant
PROPOSED ORDER
Plaintiff and Defendant's Stipulated Request to Continue the ADR deadline is hereby granted. The last day to mediate this case is continued until March 31, 2012.
HON. MARIA-ELENA JAMES
United States Magistrate Judge