Opinion
No. 10-CV-04668 RS
11-22-2011
THRESSA WALKER et al., Plaintiffs, v. COUNTY OF SANTA CLARA et al., Defendants.
MIGUEL MÁRQUEZ County Counsel By: GREGORY J. SEBASTINELLI Deputy County Counsel Attorneys for Defendants LAW OFFICES OF CHARLES & BONNER By: CHARLES A. BONNER Attorneys for Plaintiffs
MIGUEL MÁRQUEZ, County Counsel (S.B. #184621)
ROBERT M. COELHO, Lead Deputy County Counsel (S.B. #160583)
GREGORY J. SEBASTINELLI, Deputy County Counsel (S.B. #104884)
MICHAEL A. WAHLANDER, Deputy County Counsel (S.B. #260781)
OFFICE OF THE COUNTY COUNSEL
Attorneys for Defendants
COUNTY OF SANTA CLARA and its
SANTA CLARA VALLEY MEDICAL
CENTER, HOLLISTER BREWSTER, M.D.,
ALFONSO BANUELOS, M.D., DOLLY
GOEL, M.D., and PETER GREGOR, M.D.
STIPULATION AND [PROPOSED] ORDER ENLARGING TIME
TO PARTICIPATE IN PRIVATE ADR/MEDIATION
The parties, through their respective counsel of record, hereby stipulate and agree to an order enlarging time to participate in private mediation from December 10, 2011 until March 1, 2012. The parties scheduled (subject to Court approval) a two-day mediation with mediator, Charles F. Hawkins, to take place on February 27 and 28, 2012.
Good cause exists for this enlargement of time since the parties have been (and are continuing to be) actively engaged in written discovery and document production in preparation for taking those depositions necessary for a productive mediation. At this time, the parties are scheduling such depositions and expect them to occur by January 13, 2012. Further, although this case is presently "at issue" respecting the Third Amended Complaint, Plaintiffs are desirous of filing a Fourth Amended Complaint adding new allegations and one additional cause of action.
By way of background, on April 22, 2011 the parties submitted a Stipulation and [Proposed] Order Selecting ADR Process anticipating their participation in private mediation with Mr. Hawkins by September/October 2011. Thereafter, on June 2, 2011 Plaintiffs requested and later obtained leave of court to file a Third Amended Complaint allowing Defendants 45 days to file responsive pleadings. On June 10, the parties appeared at a further case management conference before Judge Jeremy D. Fogel. Through their further CMC statement, the parties advised Judge Fogel that they anticipated participating in private mediation within six months (i.e., by December 10, 2011). Recently, Plaintiffs submitted for the Court's consideration a stipulation seeking leave to file a Fourth Amended Complaint and allowing Defendants 30 days to file responsive pleadings. Therefore, assuming leave is granted this case will not be "at issue" respecting the Fourth Amended Complaint until mid or late December 2011.
I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this efiled document.
MIGUEL MÁRQUEZ
County Counsel
By: GREGORY J. SEBASTINELLI
Deputy County Counsel
Attorneys for Defendants
LAW OFFICES OF
CHARLES & BONNER
By: CHARLES A. BONNER
Attorneys for Plaintiffs
[PROPOSED] ORDER
IT IS SO ORDERED that the time for the parties to participate in private mediation is enlarged until March 1, 2012.
RICHARD SEEBORG
United States District Court Judge